Thursday, January 19, 2006
The Products Liability Prof blog has noted the new FDA rulemaking reiterating/declaring the agency's current view that state law labeling claims are generally preempted. A couple of document pointers may be helpful:
The relevant part of the rule starts on page 38 of this document [PDF].
Or, if you'd rather just see the most relevant 9 pages instead of all 100, I've excerpted them in this document [also PDF, but only 1.9 MB instead of 9.7].
ATLA's press release on the topic is available here.
[Disclosure: In practice I did pharmaceutical tort defense and continue as a consultant in ongoing litigation.]