McNeil Asks High Court To Review Drug Failure To Warn

Law360, New York (December 3, 2010, 7:57 PM EST) -- McNeil-PPC Inc. has asked the U.S. Supreme Court to consider the question of whether federal law, which imposes a strict set of labeling requirements on makers of over-the-counter drugs including mandatory U.S. Food and Drug Administration product warnings, preempts state law product liability actions based on theories of failure to warn.

The pharmaceutical company filed a petition Tuesday in the high court, prompted by a Florida state court ruling that state law failure to warn claims were not in fact preempted by federal law.

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