The U.S. Supreme Court denied certiorari this morning in McNeil-PPC, Inc. v. Hutto, a preemption case in which CCL represented the respondents. In Hutto, McNeil—the manufacturer of Tylenol—tried to argue that the logic of the Supreme Court’s implied preemption ruling in Pliva, Inc. v. Mensing required preemption of plaintiffs’ claims, even though the drug at issue in Hutto was neither a generic nor a prescription drug. Federal law regulates over-the-counter (OTC) drugs in an entirely different way from prescription drugs—through a monograph system—and expressly preserves product liability claims against OTC drug manufacturers, but McNeil argued that these factors did not preclude implied preemption and sought review of a judgment against it in the Louisiana state courts. Today, the court denied McNeil’s petition without recorded dissent, Justice Alito not participating. CCL’s Lou Bograd, who argued Mensing before the Supreme Court, handled the opposition to the certiorari petition.