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Personal Injury Law

: Drug and Device Law

CPSC Preemption (Bic Pen v. Carter)

By James M. Beck and Mark Herrmann

We just saw this post at the Product Liability Profs Blog, telling us that the Texas Supreme Court, in Bic Pen v. Carter, last week reversed a verdict for plaintiff based on Consumer Product Safety Act preemption. The case involved a disposable lighter, which the CPSC specifically regulates.

The profs tell us that the court relied in part on an analogy to the preemption analysis in Riegel v. Medtronic, and the profs' post provides a link to the decision itself.

Full post as published by Drug and Device Law on April 24, 2008 (boomark / email).

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