Key Pharma Preemption Ruling In 3rd Circuit

Law360, New York (April 17, 2008, 12:00 AM EDT) -- On April 8, 2008, the U.S. Court of Appeals for the Third Circuit issued a significant decision concerning the authority of federal regulatory agencies to preempt state tort claims, Colacicco v. Apotex Inc.

The decision, authored by the former chief judge of the Third Circuit, holds that when the Food and Drug Administration (the "FDA") publicly concludes that a specific warning is unnecessary for a prescription pharmaceutical, state tort law cannot supply a cause of action for failure to include the rejected warning in the product's...
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