Wyeth Gets Federal Backing In Preemption Case

Law360, New York (June 6, 2008, 12:00 AM EDT) -- The federal government has thrown its support behind Wyeth Pharmaceuticals Inc. in the U.S. Supreme Court case over whether the Food and Drug Administration’s approval of a drug preempts state-law product liability claims.

The FDA’s decision to approve a drug and its labeling reflects the agency’s expert evaluation of the health risks and benefits the product can provide, Solicitor General Paul Clement said in an amicus brief filed on Thursday.

“Respondent’s claims are preempted because they challenge labeling that FDA approved after being informed of the...
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