July 09, 2007

Tampons Are Medical Devices

by PG

According to Lexis:

Murphy v. Playtex Family Prods. Corp., Civil No. AMD 00-3664, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, 176 F. Supp. 2d 473; 2001 U.S. Dist. LEXIS 21531; CCH Prod. Liab. Rep. P16,229, December 19, 2001, Decided, Affirmed by Murphy v. Playtex Family Prods. Corp., 2003 U.S. App. LEXIS 12939 (4th Cir. Md., June 26, 2003)

OVERVIEW: Tampons were regulated as medical devices by federal law[,] which expressly preempted any different or additional state regulation of medical devices, including label regulations. Manufacturer acted reasonably in putting its product on the market.

That Fourth Circuit in Maryland, they love them some preemption...

If you're comparison-shopping tampons, be comforted to know that a 2004-issued FDA rule, which requires all tampon makers to label their low-absorbancy products "light" rather than "junior," came into effect earlier this year. There is no word to describe a tampon that absorbs more than 18 grams of fluid. (The persistent delicate references to "fluid" in the rule remind me of those maxipad ads where they dump blue-tinted water on the product to demonstrate its absorbant power.)

July 9, 2007 12:29 AM | TrackBack
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