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Another Federal District Court Rules That FDA Labeling Regulations Preempt Some State Law Tort Claims by Gregory J. Wartman
Saul Ewing LLP
Philadelphia Office
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February 9, 2009
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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