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Rochelle Fink Publishes Article on New FDA Preamble
April 14, 2007 Full PDF
Litigation associate Rochelle Fink published an article,
"FDA's Controversial Preamble," in the recent issue of Products
Liability Newsletter. The article discusses a new
controversial preamble issued by the Food and Drug Administration
(FDA), which includes a provision that grants the FDA the authority
to preempt state common law claims addressing product labeling. The
article also explores the differing options surrounding the debate
of whether the FDA should have this authority and whether the FDA's
2006 preamble actually preempts state failure to warn claims and,
as a result, insulates manufacturers from their duty to warn
claims.