Legal Opinion
Smith v. Pingree
Court of Appeals for the Fifth Circuit
Decided July 27, 1981No. 80-5309PublishedCited by 15 opinions
1Opinion of the Court
HATCHETT, Circuit Judge:
Appellants, hearing aid dispensers licensed in Florida, appeal a decision upholding the validity of three sections of Florida’s Fitting and Selling of Hearing Aids Act, Florida Statute § 468.120 et seq. Appellants contend that the Testing Room Requirement, § 468.135(7), the Receipt Requirement, § 468.136(1), and the Labeling Requirement, § 468.136(2), are preempted by federal law in 21 U.S.C. § 360k and by regulations promulgated by the Food and Drug Administration in 21 C.F.R. §§ 801.-420 and 801.421. Because we find that none of the challenged state requirements has…
2Cases cited2 opinions
- New Jersey Guild of Hearing Aid Dispensers v. LongSupreme Court of New Jersey · 1978
- Chemical Specialties Manufacturers Association, Inc. v. Stephen P. ClarkCourt of Appeals for the Fifth Circuit · 1973
3Cited by15 opinions
- Joyce A. Moore v. Kimberly-Clark CorporationCourt of Appeals for the Fifth Circuit · 1989
- prod.liab.rep. (Cch) P 14,260 Lora Lohr, Michael Lohr, Her Husband v. Medtronic, Inc., a Foreign CorporationCourt of Appeals for the Eleventh Circuit · 1995
- Kvue, Inc. v. MooreCourt of Appeals for the Fifth Circuit · 1983
- Bravman v. Baxter Healthcare Corp.District Court, S.D. New York · 1994
- David Verner Tousley v. North American Van Lines, Inc.Court of Appeals for the Fourth Circuit · 1985
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