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Archived from the original on October 19, 2021

would extend the preemptive reach of the FCLAA to virtually all fraudulent misrepresentation claims, doing violence to Cipollone 's explicit holding that those claims survive preemption." 58 The court also pointed out that because Cipollone requires those alleging a failure-to-warn claim to show that "advertising or promotions should have included additional, or more clearly stated warnings," plaintiffs, here, could not be asserting such a claim because their chosen theory of recovery requires no such showing

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