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Therefore, the court finds that Plaintiffs postFDA approval design defect claims, under strict liability and negligence, are not preempted. "' 8 The FDA relies on.CV1001 Strict liability. 1 Although pharmaceuticals have. 9 defect' requirement that distinguishes strict products liability from other forms of strict liability.1I. Through the FDA approval process to reach the public. Under this rule, an application of the comment does not provide a blanket immunity from strict liability for prescription drugs. Under this rule, an application of the comment does not provide a blanket immunity from strict liability for prescription drugs. CV1001 Strict liability. The complaint asserted causes of action for negligence and negligent misrepresentation, as well as strict liability, intentional.