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Food Safety Case Spotlights Problems with Federal Preemption

Posted by Sarah Showard | Apr 08, 2014 | 0 Comments

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Nestle Corporation is under fire for fluoride in its bottled water.

What happens when consumers attempt to sue companies that create defective products in state court when federal law allowed the sale of the defective product and immunizes plaintiffs from litigation?

It is an important question that is at the center of a case that made its way into federal court in Maryland, where a mother filed suit against Nestle Corporation for the damage that fluoride caused to her daughter's teeth. Fluoride has benefits, but when ingested through the stomach in large amounts by children under eight it can cause damage.

Find out more about how federal preemption is playing a role in this legal fight and how it could impact personal injury claims in the future here.

About the Author

Sarah Showard

Sarah Showard graduated from the University of Maryland in 1985, Magna Cum Laude with a Bachelor of Arts in English-Linguistics and a Certification in Womens Studies. She then graduated from New York University School of Law in 1988. Sarah began practice initially as an insurance defense attorne...

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Sarah and Peter are the proud chairs of this year's Heart and Stroke Ball, held on 2/17/18 at the El Conquistador. With a western theme "Heart of the West", this important fund raiser is in its 60th year, all raising funds to help with research and advances in the case against heart disease in the Tucson community.