Preemption of fraud claims against FDA

The US supreme court has ruled that federal law preempts state law liability claims alleging fraud against the Food & Drug Administration (FDA) in respect of the agency’s regulation of marketing clearance for medical devices. This stems from a suit in which more than 5,000 individuals accused a company, Buckman, of fraudulently winning federal approval for the marketing of the Variable Screw Placement Spinal Plate Fixation System.