Another Federal District Court Rules That FDA Labeling Regulations Preempt Some State Law Tort Claims

by Gregory J. Wartman View Biography
Saul Ewing LLP View Firm Credentials
Philadelphia Office

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April 10, 2008

Previously published on February 2008

A federal district court in Oklahoma recently ruled that a plaintiff's state law failure to warn claims against a prescription drug manufacturer are preempted by FDA regulations because FDA had considered and expressly rejected the plaintiff's proposed additional warning.

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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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Another Federal District Court Rules That FDA Labeling Regulations Preempt Some State Law Tort Claims

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