Scott

Scott v. CIBA Vision Corp.

Good Law
1995 Cal. App. LEXIS 893·38 Cal. App. 4th 307·44 Cal. Rptr. 2d 902·95 Daily Journal DAR 12473·95 Cal. Daily Op. Serv. 7339
Court of Appeal of CaliforniaSeptember 15, 1995H012313California7,038 words

Opinion

Opinion

Bamattre-Manoukian, J.

Plaintiff Leslie Scott (Scott) appeals from a summary judgment entered in favor of CIBA Vision Corporation (CIBA). CIBA manufactures and distributes a contact lens cleaning product called AOSEPT. The trial court determined that Scott’s products liability claims against CIBA, based on inadequate warnings on the AOSEPT bottle, were preempted by the Medical Device Amendments to the federal Food, Drug and Cosmetic Act (the Act). (21 U.S.C. § 360c et seq.) We agree and consequently we affirm the judgment.

Statement of Facts

CIBA manufactures and markets a contact lens cleaning and disinfecting system for use with soft contact lenses. The product includes a cleaning solution called AOSEPT, which contains hydrogen peroxide, a lens cup and holder and a neutralizing agent. The lenses are cleaned and disinfected by placing them in the lens holder for a number of hours with the AOSEPT and the neutralizing agent. The label on the AOSEPT bottle warns the user: “Do Not Put AOSEPT® Solution That Has Not Been Neutralized in Your Eye.” The instructions for use of the product contain similar warnings.

CIBA also manufactures and markets a sterile saline solution product, which is used as…

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