Whether state law claims based on violating the Federal Food, Drug and Cosmetic Act are impliedly preempted

QUESTION PRESENTED FOR REVIEW Whether the First, Eighth, and Ninth Circuits’ holdings that state law claims based on violating the Federal Food, Drug and Cosmetic Act are impliedly preempted has misconstrued Medtronic, Inc. v. Lohr, 518 US. 470 (1996), and Buckman Co. v. Plaintiffs’ Legal Comm., 531 U.S. 341 (2001), and usurped the power of states to define the elements of their own state law causes of action.