Tuesday, July 10, 2007

FDA Requirements Do Not Preempt Failure-to-Warn Claims

As reported in the International Herald Tribune, a U.S. district court judge held last week that FDA approval of drug labels does not preempt state-law claims for failure-to-warn.   As noted in a prior post, the U.S. Supreme Court recently granted cert. in a similar case involving medical devices. 

- SBS

http://lawprofessors.typepad.com/tortsprof/2007/07/fda-requirement.html

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