A federal appeals court on Monday upheld the dismissal of a lawsuit by consumers claiming that Novartis AG’s Alcon Laboratories and a number of other manufacturers of prescription eye drops were packaging them in a way that resulted in wasted medications.
The 1st U.S. Circuit Court of Appeals in Boston ruled that federal law preempts the consumers’ claims under various states’ law because the companies cannot change how the eye drop medications are bottled without the U.S. Food and Drug Administration’s approval.
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