Preemption In Pharmaceutical Cases: 2017 In Review

Law360 (February 6, 2018, 11:10 AM EST) -- 2017 was a busy year in the evolving landscape of preemption in pharmaceutical cases. Below are a few of the preemption opinions that caught our attention.

Preemption of Warnings Claims

In Wyeth v. Levine,[1] the U.S. Supreme Court issued its landmark opinion on the preemptive scope of failure-to-warn claims in brand drug cases. The court held that absent "clear evidence" that the U.S. Food and Drug Administration would have rejected a manufacturer's label change, failure-to-warn claims against brand-name drug makers are not preempted.[2] What constitutes "clear evidence" that the FDA would have rejected a label change remains the subject of considerable...

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