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U.S. Court of Appeals for the Second Circuit

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Second Circuit holds that Federal Food, Drug, and Cosmetic Act (FDCA) expressly preempts most of the plaintiffs’ state-law claims premised on the contention that the defendants’ over-the-counter medicines are ineffective

July 30, 2026

Opinion

U.S. Chamber files amicus brief urging Second Circuit to hold that Federal Food, Drug, and Cosmetic Act expressly preempts state-law claims asserting that over-the-counter medicines are ineffective

June 06, 2025

U.S. Chamber Amicus Brief

Robert E. Dunn and Isaac J. Weitzhandler of Eimer Stahl LLP served as outside counsel.

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