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1001 DEPUBLISHED The federal Food Drug and Cosmetic Act pre-empts state causes of action against certain suppliers based on theories of negligence, negligence per se, defective design, failure to perform safely, failure to warn, improper manufacture, failure to recall, distribution of adulterated devices, and breach of implied warranty of fitness, but not does not pre-empt actions based on theories of fraud or fraudulent concealment.CitationPOWERS v OPTICAL RADIATION (Intraocular Lens) 37 CA4 1444 [See: 21 USC 360 etseq; Erie v Tompkins 304 US 64; Cipollone v Liggett 112 SCt 2608; Evraets v Intermedics 29 CA4 779, T/AT 11/94]
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