75 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,951 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,419 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"
  3. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,434 times   101 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims
  4. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,404 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor
  5. English v. General Electric Co.

    496 U.S. 72 (1990)   Cited 1,317 times   8 Legal Analyses
    Holding that a tort arising from whistleblower retaliation at a nuclear facility was insufficiently related to radiological safety aspects in the facility's operation
  6. Altria Grp., Inc. v. Good

    555 U.S. 70 (2008)   Cited 639 times   9 Legal Analyses
    Holding that federal law did not preempt common-law fraud claim against cigarette manufacturer based on advertising of light cigarettes
  7. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,273 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity
  8. Bates v. Dow Agrosciences LLC

    544 U.S. 431 (2005)   Cited 550 times   11 Legal Analyses
    Holding that a preemption clause barring state laws "in addition to or different" from a federal Act does not interfere with an "equivalent" state provision
  9. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,433 times   22 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
  10. Freightliner Corp. v. Myrick

    514 U.S. 280 (1995)   Cited 628 times   6 Legal Analyses
    Holding that a suspended Safety Act standard regarding tractor-trailer air brakes did not preempt common law tort actions
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,459 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Section 1116 - Injunctive relief

    15 U.S.C. § 1116   Cited 2,734 times   29 Legal Analyses
    Granting district courts the "power to grant injunctions, according to principles of equity . . ., to prevent the violation of any right" of the trademark owner
  13. Section 136 - Definitions

    7 U.S.C. § 136   Cited 639 times   15 Legal Analyses
    Determining "unreasonable risk to man or the environment" includes consideration of "economic, social, and environmental costs and benefits of the use of any pesticide"
  14. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 570 times   59 Legal Analyses
    Setting labeling requirements for food products
  15. Section 343-1 - National uniform nutrition labeling

    21 U.S.C. § 343-1   Cited 365 times   26 Legal Analyses
    Preempting state laws that conflict, inter alia, with federal law requiring foods to indicate: the name and location of the manufacturer, as well as the weight or quantity of food contained in a package; and the percentage of fruit or vegetable juice contained in a beverage
  16. Section 136v - Authority of States

    7 U.S.C. § 136v   Cited 340 times   3 Legal Analyses
    Permitting state regulation of pesticides "but only if and to the extent the regulation does not permit any sale or use prohibited by this subchapter"
  17. Section 1334 - Preemption

    15 U.S.C. § 1334   Cited 256 times
    Stating in a "preemption" section that "[n]o requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising or promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this Act"
  18. Section 101.13 - Nutrient content claims-general principles

    21 C.F.R. § 101.13   Cited 166 times   10 Legal Analyses
    In 21 C.F.R. § 101.13, the FDA lists general principles regulating nutrient content claims-claims that expressly or implicitly characterize the level of a nutrient.
  19. Section 101.9 - Nutrition labeling of food

    21 C.F.R. § 101.9   Cited 140 times   47 Legal Analyses
    Recognizing that "Vitamin C" and "Ascorbic acid" are "synonym" that may be used in the alternative in a product's nutritional information labeling
  20. Section 100.1 - Petitions requesting exemption from preemption for State or local requirements

    21 C.F.R. § 100.1   Cited 104 times   1 Legal Analyses
    Explaining the meaning of "not identical"
  21. Section 156.10 - Labeling requirements

    40 C.F.R. § 156.10   Cited 93 times   9 Legal Analyses
    Regulating contents, legibility, prominence, and, in certain cases, actual language to be used on pesticide labeling
  22. Section 101.62 - Nutrient content claims for fat, fatty acid, and cholesterol content of foods

    21 C.F.R. § 101.62   Cited 25 times   4 Legal Analyses

    (a)General requirements. A claim about the level of fat, fatty acid, and cholesterol in a food may only be made on the label or in the labeling of foods if: (1) The claim uses one of the terms defined in this section in accordance with the definition for that term; (2) The claim is made in accordance with the general requirements for nutrient content claims in § 101.13 ; (3) The food for which the claim is made is labeled in accordance with § 101.9 , § 101.10 , or § 101.36 , as applicable; and (4)