Express preemption operates through statutory language declaring that no state may impose requirements different from or in addition to federal requirements. The Medical Device Amendments contain a prominent example.
Scope depends on interpreting the preemptive clause.
Alternative Names:
Express Federal Preemption, Statutory Preemption
Why it Matters?
The premarket approval device provision is the strongest express preemption available in products litigation, since Riegel held it bars state claims imposing requirements different from federal ones for approved devices. The scope depends on the approval pathway, so a device cleared under the abbreviated process rather than approved does not receive the same protection. Determining which pathway applies is the threshold analysis.
Frequently Confused with
Related terms
Frequently asked questions
What is the strongest express preemption in products cases?
Does it cover all devices?
