Legal Opinion
Gustavsen v. Alcon Laboratories, Inc.
Court of Appeals for the First Circuit
Decided August 27, 2018No. 17-2066PublishedCited by 62 opinions
1Opinion of the Court
KAYATTA, Circuit Judge.
*4 Our disposition of the merits of this appeal turns on a single question: Can manufacturers of prescription eye drops change the medication's bottle so as to alter the amount of medication dispensed into the eye without first getting the FDA's approval? Finding that federal law requires prior approval for such a change, we hold that state law claims challenging the manufacturers' refusal to make this change are preempted. Our reasoning follows.
I
Because this appeal comes to us following the district court's grant of a motion to dismiss, we draw the facts from the…
2Cases cited24 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
- Baker v. CarrSupreme Court of the United States · 1962
- Clapper v. Amnesty International USASupreme Court of the United States · 2013
- Auer v. RobbinsSupreme Court of the United States · 1997
19 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Tantaros v. Fox News Network, LLCCourt of Appeals for the Second Circuit · 2021
- Webb v. Injured Workers Pharmacy, LLCCourt of Appeals for the First Circuit · 2023
- David Schwake v. Arizona Board of RegentsCourt of Appeals for the Ninth Circuit · 2020
- Wiener v. MIB Group, Inc.Court of Appeals for the First Circuit · 2023
- Amrhein v. eClinical Works, LLCCourt of Appeals for the First Circuit · 2020
57 more not listed; retrieve them via the Exa API.