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Petition of the day

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Thepetition of the dayis:

13-1379

Issue:Whether, underBuckman Co. v. Plaintiffs Legal Committee, the Federal Food, Drug, and Cosmetic Act impliedly preempts a private state-law claim for unfair competition premised on a partys purported failure to obtain Food and Drug Administration approval, where the Food and Drug Administration itself has not imposed any such requirement.

Cases: Athena Cosmetics, Inc. v. Allergan, Inc.

Recommended Citation: Maureen Johnston, Petition of the day, SCOTUSblog (Jul. 26, 2014, 12:00 AM), https://www.scotusblog.com/2014/07/petition-of-the-day-647/