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MEYER v. INTERNATIONAL PLAYTEX, INC.

Civ. A. No. 86-1430.

724 F.Supp. 288 (1988)

Laura MEYER and Herbert Meyer, Plaintiffs, v. INTERNATIONAL PLAYTEX, INC.; ABC Company (a fictitious name); and XYZ Company (a fictitious name), Defendants.

United States District Court, D. New Jersey.

December 1, 1988.

Attorney(s) appearing for the Case

Minichino & Mautone by Sara A. Friedman, West Orange, N.J., for plaintiffs.

Priestley, McGuirl & Wachenfeld by Charles K. Meuse, Newark, N.J., for defendant Intern. Playtex, Inc.

OPINION

BISSELL, District Judge.

This matter arises before the Court on the basis of a motion by defendant International Playtex, Inc. (Playtex) for partial summary judgment. Defendant moves to dismiss Counts 5 and 6 of the complaint by plaintiff Meyer on the grounds that these claims involve state common law tort claims that are preempted by the Federal Drug and Cosmetic Act, 21 U.S.C. § 360k(a) and 21 C.F.R. § 808.1(b).

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