Litigation Advisory – Brand-Name Drug Preemption – Wyeth v. Levine, No. 06-1249 (March 4, 2009)

By Lawrence S. EbnerMarch 9, 2009

Practical Implications of Wyeth v. Levine

On March 4, 2009 the Supreme Court issued its widely publicized decision in Wyeth v. Levine, 555 U.S. 555.  The Court held that the Federal Food, Drug, and Cosmetic Act (FDCA) does not preempt product liability claims alleging that the warnings on a prescription drug’s FDA-approved labeling were inadequate.

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