Habush Habush & Rottier S.C. ® > FAQs > Federal Preemption

What is federal preemption?

Federal preemption is a doctrine that sometimes exempts the manufacturer of an item that has already been approved by the Food and Drug Administration (FDA) from liability. This is normally claimed by the manufacturer. The logic is that a government body has already tested and approved an item and so the company is not liable.