Product Liability Claims in Mentor Breast Implant Action Preempted, N.J. Federal Judge Rules

CAMDEN, N.J. — Federal law preempts product liability claims asserted in a Mentor breast implant action because the plaintiffs failed to allege how the defendants violated federal regulations and seek to require warnings that are different than those approved by the FDA, a New Jersey federal judge has ruled.

In a June 30 order, Judge Michael Shipp of the U.S. District Court for the District of New Jersey concluded that the claims challenged the safety and effectiveness of the breast implants, and “to find for Plaintiffs, the Court would necessarily contradict the FDA’s determination of safety and effectiveness during premarket …