Poloney v. Tambrands, Inc.

Clarke, Chief Justice.

Janis Poloney died after using tampons made by Tambrands, Inc. Her parents alleged that she died from toxic shock syndrome and brought an action against Tambrands for products liability and wrongful death. The trial court granted Tambrands’ motion for partial summary judgment on the grounds that the Poloneys’ state law claims alleging failure to warn, inadequate warning and misrepresentation, are preempted by federal law. We granted the Poloneys’ interlocutory application to address the preemption issue.

1. The issue to be decided in the main appeal is whether applicable…