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Nemphos v. Nestle Waters North America

Case Name: 
Nemphos v. Nestle Waters North America
Michelle Nemphos
Nestle USA, Inc.
Other Parties: 

Nemphos v. Nestle Waters North America, Inc., 1:12CV02718 (Md. 2013)

Court Name: 
United States District Court Maryland

Defendants marketed and sold nutritional products like bottled water and baby formula containing fluoride. Platintiff provided her young daughter with these products and years later Plaintiff's daughter was diagnosed with dental fluorsis, a medical condition that is the result of excessive exposure to fluoride. Plantiff fought to recover damages in a tort action, claiming Defendant's failed to warn consumers of the dangers associated with excessive fluroide consumption. The Plaintiff's claims were denied by the Court under the theory of preemption. The Court stated, " [the] Nempho's claims are preempted by the FDCA because the Defendant's bottled water, baby food, and formula are subject to FDA regulations, and Nemphos seeks to impose non-identical labeling requirements upon them." The FDA does not require that a warning about dental fluorosis be listed on products with no added fluoride and the Plaintiff did not allege the Defendant violated established rules or added fluoride to their infant formula or baby food products.

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