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U.S. Supreme Court Rejects FDA Preemption Of State Laws

March 9, 2009 Full PDF

On March 4, 2009 the United States Supreme Court ruled that the Food and Drug Administration's approval of a drug's label does not shield manufacturers from state product liability lawsuits. In Wyeth v. Levine, the Court declined to find that federal law preempted state law absent an express preemption provision. The decision clears the way for consumers to sue pharmaceutical manufacturers for liability in state court and has re-energized legislative efforts to revoke last year's Supreme Court ruling that the Medical Device Act shields medical device manufacturers from product liability suits in state court.

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