Where the claim arises from a state product liability statute that looks to the federal guidelines as to the level of medical warnings to be provided, a claim under the tort based on the omission of the warning is impliedly preempted by federal law.
Concur/dissent (CJ) -- Violation of the federal statute is not a necessary element of the claim, so not preempted. Learned intermediary doctrine does not save defts.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0128p-06.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.