January 19, 2008
USSC to Offer Guidance on Preemption
Yesterday, the Court granted cert in two products liability preemption cases. In Wyeth v. Levine, No. 06-1249, the Court will determine whether the FDA's labeling requirements for prescription drugs preempt state law or merely provide minimal protections that states are at liberty to exceed. In Itria Group v. Good, No. 07-562, the Court will determine whether statements authorized by the FTC preempt state law consumer fraud class actions in the context of so-called "low tar" or "light" cigarettes.
The resolution of these cases should go a long way toward clarifying preemption issues. The Court's decision to hear them has attracted a lot of attention. For more on the issue, see Point of Law/Frank, Mass Tort Litigation Blog/Lahav, Drug and Device Law, and Products Liability Prof Blog/Steenson. It appears Cathy Sharkey's paper that I recommended yesterday has increased relevance today.
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