Nemphos sued under state law in Maryland to get help for her now-16-year-old daughter’s expensive current and future dental care. The district court dismissed the case, saying federal law pre-empted the Maryland law. Public Justice is one of the groups representing Nemphos in her appeal. The Fourth Circuit has decided to hear argument in Nemphos, and they’ve tentatively calendared it for mid-May.
Nemphos appealed the ruling, and the U.S. Court of Appeals for the Fourth Circuit has agreed to hear the case. The appeal, tentatively set for May, will determine whether state laws that require manufacturers to warn of product dangers like childhood fluoride consumption are preempted by federal laws governing food identity.