The court of appeals affirmed a district court judgment. The court held that the Medical Devices Amendments of 1976 expressly preempted California consumers’ class claims alleging unfair competition and false advertising based on a manufacturer’s labeling of its contact lens solution.
Alexis Degelmann and Joseph Linn (Degelmann) sued Advanced Medical Optics, Inc. (AMO), in a putative class action alleging violations of California’s Unfair Competition Law (UCL) and False Advertising Law (FAL). According to Degelmann, AMO marketed its contact lens solution as a product that would clean and disinfect, yet users of the product were at substantially increased risk of a experiencing a certain type of serious eye infection as compared to users of other contact lens solutions.
