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, 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. What constitutes "clear evidence" that the FDA would have rejected a label change remains the subject of considerable...
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