As Point of Law pointed out on February 3, a move is afoot to “Revers[e] Preemption, One Bill At A Time,” starting with industries regulated by the FDA.
Section 2 of the FDA Globalization Act OF 2009, H.R. 759, merits the attention of the life sciences industry. It provides:
This Act and the amendments made by this Act may not be construed as modifying or otherwise affecting any action or the liability of any person (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act) under the law of any State.
UPDATE: Drug and Device Law has posted Bert Rein On The Politics Of Preemption on this issue, and it is definitely worth a read.
