Holland v. Smith & Nephew Richards, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “The mere fact that the FDA has not cleared a product for a particular use does not mean that the product is not in fact suitable for that purpose; it simply means that the FDA has not cleared it.”
• even if the seller improperly promoted screws for “off-label” uses, the fact that the defendant promoted the product without permission does not tend to establish that the product was defective or unfit for its intended use, even if the intended use was forbidden by the regulatory authorities

Source: CourtListener parenthetical corpus (CC0).