Berger v. Personal Products, Inc.

Appellant Ernest Berger, as personal representative of the estate of Sheila Berger, deceased, appeals from a partiál summary judgment of the Yakima County Superior Court dismissing his product liability action against respondent Personal Products, Inc. We affirm the trial court.

The sole question we consider is whether under 21 U.S.C. § 360k(a) and 21 C.F.R. § 808.1(b) federal law preempts a state tort action based on the claims of inadequate warnings and instructions about the risk of contracting toxic shock syndrome associated with tampon use when the product complies with federal labeling…