Tear Down the Goalposts – Rutgers Wins
Drug & Device Law
FEBRUARY 26, 2024
As much as we like preemption, no basis for preemption exists based with respect to the informed consent requirement of the statute’s provision governing emergency use authorized (“EUA”) products, such as (at the time) COVID-19 vaccines. 555, 573 (2009), and these antivaxxers didn’t come close. Second, the FDCA (21 U.S.C.
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