Supreme Court of New Jersey, 1998

R.F. & R.F. v. Abbott Laboratories

R.F. & R.F. v. Abbott Laboratories
Supreme Court of New Jersey · Decided July 21, 1998
154 N.J. 606; 713 A.2d 497; 1998 N.J. LEXIS 1120

R.F. & R.F. v. Abbott Laboratories

Opinion of the Court

Petition for certification is granted, and the matter is summarily remanded to the Appellate Division for consideration of the non-preemption issues raised by plaintiffs in their appeal and for reconsideration of the preemption issue in the light of Baird v. American Medical Optics, 155 N.J. 54, 713 A.2d 1019 (1998), and the pertinent regulation of the FDA reported at 62 Fed.Reg. 65387 (1997) (to be codified at 21 C.F.R. pt. 808) (proposed December 12, 1997).

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