Question: Congress enacts a law that sets out a process for the Food and Drug Administration ( FDA ) to follow when approving new pharmaceuticals for
Congress enacts a law that sets out a process for the Food and Drug Administration FDA to follow when approving new pharmaceuticals for consumer use. The law includes a preemption provision. A pharmaceutical that the FDA approved injures Deanna, a child whose mother Ella files a claim under state law to recover. The court will most likely rule that
the federal law preempts Ella's statelaw claim.
concurrent claims can be brought under the federal and state laws.
the federal and state laws preempt each other.
Ella's statelaw claim preempts the federal law.
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