Shrinking a Safe Harbor to Fit a Consumer Protection Class

Litigation attorney Eric Alexander authored a Drug & Device Law article about the Hall v. Walgreens Boots Alliance Inc. case, where the Supreme Court of Washington tackled a certified question regarding Washington's consumer protection law. The case, a proposed class action regarding over-the-counter (OTC) cough syrup labeling, revolved around interpreting the state's "safe harbor" provision and questioned whether the U.S. Food and Drug Administration's (FDA) regulatory actions permitted such labeling under state law. Mr. Alexander discusses how the court's narrow interpretation restricted the safe harbor's application, challenging a broad federal regulatory standard by requiring "specifically permitted" actions. He also highlights the unresolved issue of preemption under federal law, noting that such state claims may not withstand the criteria of being preempted by federal requirements.

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