Supreme Court Rules State Law Tort Claims Involving Drug Labels Approved by FDA Are Not Preempted

In a major defeat for the pharmaceutical industry, the Supreme Court last week held by a 6-3 vote that federal drug labeling law does not preempt “failure to warn” claims filed in state courts. The case was one of the most widely anticipated business cases before the Supreme Court this year because it involved a central legal theme of the final years of the Bush administration– that federal legal and regulatory requirements should preempt conflicting state tort law claims.

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