US Court agrees, FDA cannot justify shutting the courthouse doors to consumers!

[Guest guest]

I was speaking to the litigation office at Public Citizen in Washington

DC earlier today the court agrees the FDA and industry claims are not

justified !

In this case, defendant Chicken-of-the-Sea contends that Deborah

Fellner's claims that she was not adequately warned about the dangers of

mercury in tuna fish are impliedly preempted by the FDA's " approach " to

mercury in seafood. In its brief on behalf of Ms. Fellner, Public

Citizen explains that the FDA's few informal actions on mercury in

seafood — a brochure and backgrounder giving advice to pregnant and

nursing women and young children on how much seafood is safe to eat, and

non-binding guidance to its enforcement division — do not preempt

Ms. Fellner's state-law claims.

Public Citizen is pleased that the U.S. Court of Appeals for the Third

Circuit has agreed that the Food and Drug Administration's (FDA)

brochures about the dangers of mercury in fish cannot justify shutting

the courthouse doors to consumers who bring claims under state law.