United States First Circuit

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Gustavsen v. Alcon Laboratories, Inc., 17-2066

Affirmed the dismissal of a consumer complaint alleging that manufacturers of prescription eye drops deliberately designed their bottles to emit unnecessarily large drops in a ploy to force patients to waste the expensive medication and thus buy more of it. Moving to dismiss on preemption grounds, the manufacturers contended that the Food and Drug Administration would have to approve any modification of the medication's bottle. Agreeing, the First Circuit held that FDA regulations preempted the plaintiffs' state law claims seeking to force a change in the bottle design.

Appellate Information

  • Decided
  • Published 2018/08/27


  • Kayatta


  • United States First Circuit