The supplemental authorities provided by Dyonics — recent cases in which district courts have held that the Medical Device Amendments preempt state tort claims — merely serve to highlight the proper procedural context in which preemption claims ought first be litigated. See Committee of Dental Amalgam Alloy Mfrs. v. Henry, 871 F. Supp. 1278, 1285 (S.D.Cal. 1994) (holding on summary judgment that section 360[k] preempts California Safe Drinking Water and Toxic Enforcement Act of 1986); Talbott v. C.R. Bard, Inc., 865 F. Supp. 37, 39-40 (D.Mass. 1994) (holding on motion to dismiss that wrongful death and other state-law causes of action preempted by section 360[k]) (appeal pending); Feldt v. Mentor Corp., No. H-93-2205, slip op. at 1-2, 10 (S.D.Tex. July 11, 1994) (holding on summary judgment that negligence and product liability claims preempted by Medical Devices Amendments and FDA regulations). B. The Jury Verdict

Cotter argues Allenby does not represent good law because it conflicts with the holding in Cipollone, contradicts other state and federal decisions made post- Cipollone, and ignored and failed to defer to the conclusions of the Consumer Product Safety Commission (CPSC). To support its contention, Cotter cites one other Proposition 65 case in the federal district court ( Committee of Dental Amalgam Alloy Mfrs. v. Henry (S.D.Cal. 1994) 871 F. Supp. 1278), which was recently reversed in Stratton, supra, 92 F.3d 807, and tort claims preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).