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# Court Accepts FDA View in Device Preemption Case
- URL: https://www.fdaweb.com/court-accepts-fda-view-in-device-preemption-case/
- Published: 2018-03-14T12:00:00.000Z
- Updated: 2026-09-14T23:53:09.000Z
- Author: David McFarland
- Tags: Devices, #legacy-id-D5140984

The 3rd Circuit Court of Appeals has followed views submitted by FDA in an *amicus* brief in a case involving allegations that the manufacturer of an artificial hip promoted the device illegally. A Washington Legal Foundation (WLF) online *Legal Pulse* [says](https://wlflegalpulse.com/2018/03/09/update-fdas-amicus-views-prevail-in-third-circuit-medical-device-preemption-case/?ref=fdaweb.com) that on the question of whether the suit was preempted by federal law, FDA emphasized that the Federal Food, Drug, and Cosmetic Act expressly preempts state law claims that would impose “different or additional requirements on approved devices.” The agency said that since the plaintiff was challenging the safety and effectiveness of an approved device, any state law claim would impose additional requirements and was thus preempted.

In a 3/1 opinion, the 3rd Circuit agreed with FDA and said the plaintiffs’ claims “would impose non-parallel state law requirements” and were preempted.

“The 3rd Circuit’s decision is just another example of the importance of FDA’s role as uniform regulator,” WLF says. “Hopefully FDA’s current leadership will continue to lead the way in ensuring the consistency that all consumers expect when making choices about their medical products.”