Carol Ann Feldman, Plaintiff-Appellant v. Lederle Laboratories, a Division of American Cyanamid Company, a Maine…

Summary

The New Jersey Supreme Court held that federal law does not preempt the plaintiff's strict‑liability failure‑to‑warn claim against Lederle Laboratories, reversed the Appellate Division’s judgment, and remanded for further consideration. It also concluded that the Appellate Division was not bound by Feldman I and could revisit the preemption issue, and that the FDA regulations at issue were discretionary, not mandatory.