A consumer of a tanning lotion claimed hypersensitivity to its ingredients, which she alleged as the cause of serious personal injury. 

In April 2024, a plaintiff and her husband filed suit in Leflore County, Oklahoma, state court. They asserted claims of design defect, manufacturing defect, ordinary negligence, negligent training, negligent supervision, failure to warn and failure to label. Our team of Theresa Hill and Caleb McKee removed the case to federal court in the Eastern District of Oklahoma, consenting to the jurisdiction of Magistrate Judge Jason Robertson for full disposition of the case. 

On cross-motions for summary judgment, the Court entered its Order July 17, 2026, finding for the manufacturer and distributor on all claims of Plaintiffs. The claims premised upon failure to warn and inadequate product labelling were rejected as preempted by 21 U.S.C. 379s and as not qualifying for relief under 21 C.F.R. 701.3. The remaining tort claims were denied because no actual product defect was demonstrated and further, because proof of causation was absent.

Thorough, diligent and prompt investigatory discovery created the factual record that led to summary judgment in federal court. Prioritizing effective discovery is particularly important in this venue, renowned for its strict scheduling orders.