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# Courts Rejecting Loper Arguments in Product Liability: Attorney
- URL: https://www.fdaweb.com/courts-rejecting-loper-arguments-in-product-liability-attorney/
- Published: 2026-08-27T12:00:00.000Z
- Updated: 2026-09-14T12:05:37.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5161696

So far, every court that has been presented with a *Loper Bright* argument against preemption in a product liability case has rejected it, according to attorney **James Beck** (Reed Smith). Writing in a *Drug & Device Law* online [post](https://www.druganddevicelawblog.com/2026/08/plaintiffs-go-0-2-with-high-profile-loper-bright-arguments.html?ref=fdaweb.com), Beck says the courts have recognized that Loper Bright **(1)** only deals with agency interpretation of statutes, **(2)** does not reduce in the least the power of FDA (and similarly situated agencies) to promulgate regulations, and to approve products, pursuant to congressional delegations of power, and **(3)** that such discretionary agency actions have full preemptive force.

The post discusses two recent cases, one involving FDA and over-the-counter drug labeling, and the other involving the Environmental Protection Agency.