Perhaps the most significant and controversial of the defenses to product liability is the preemption defense,according to which the Supreme Court explained in Mutual Pharmaceutical Co.v.Bartlett the Supremacy Clause makes federal law preemptive.Therefore,state laws:
A) determine the extent of damages that may be pursued.
B) apply when they are stricter than federal law,particularly in the case of pharmaceuticals.
C) govern and regulate the distribution of pharmaceuticals over and above any federal laws.
D) that conflict with federal law are "without effect."

Question

Quizplus · Accepted Answer

The preemption defense means that if a state law conflicts with federal law, the federal law takes precedence, and the state law is "without effect." In Mutual Pharmaceutical Co. v. Bartlett, the Supreme Court made it clear that federal law preempted state law in the case of product liability for pharmaceuticals. Therefore, choice D is the correct answer.

Perhaps the Most Significant and Controversial of the Defenses to Product