One Judge's response to this "law":
Judge Criticizes FDA's Preemption Position

The FDA's position was sharply criticized recently by a New Jersey state court judge, the Honorable Carol E. Higbee. During a June 6, 2006 hearing, she called the Final Rule's preamble "a political statement by the FDA." She complained that the FDA's position that lawsuits should be federally preempted and that the FDA should be the final word has "nothing to do with science. ... It is contrary to the U.S. Supreme Court's decisions. It is contrary to all the law on preemption. ... In addition to being contrary to the law of the land, it is also contrary to the Constitution of the United States." She concluded by telling the defendant's in the case: "And I am not going to allow you to use it." Doherty v. Merck & Co., Ind., Docket No. ATL-L-0638-05MT, in Superior Court of New Jersey, Atlantic County Civil Division. (For more information on preemption, see: http://www.baumhedlundlaw.com/Attorn...AFinalRule.pdf