Preemption In Pharmaceutical Cases: 2017 In Review
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...
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