Legal Opinion
Lulov v. Tambrands, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 1993PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries on the basis, inter alia, of strict product liability, the plaintiffs appeal from an order of the Supreme Court, Nassau County (O’Brien, J.), entered July 30, 1991, which granted the defendant’s motion for partial summary judgment dismissing that part of the complaint which alleges a failure to warn.
Ordered that the order is affirmed, with costs.
The Supreme Court properly found that the plaintiffs’ claims for inadequate warning and labeling of tampon boxes are preempted by 21 USC § 360k and 21 CFR 808.1 (b), together with 21 CFR 801.430…
2Cases cited3 opinions
- Lindquist v. Tambrands, Inc.District Court, D. Minnesota · 1989
- Sloman v. Tambrands, Inc.District Court, D. Maryland · 1993
- Beecher v. TAMBRANDS, INC.District Court, D. Minnesota · 1993
3Cited by3 opinions
- prod.liab.rep. (Cch) P 14,061 National Bank of Commerce of El Dorado, as Administrator of the Estate of Margaret Armon Wilson, Deceased v. Kimberly-Clark CorporationCourt of Appeals for the Eighth Circuit · 1994
- Fogal v. SteinfeldNew York Supreme Court · 1994
- National Bank of Commerce ex rel. Estate of Wilson v. Kimberly-Clark Corp.Court of Appeals for the Eighth Circuit · 1994