Supreme Court Ruling In Wyeth Case May Make FDA More Cautious
This article was originally published in The Tan Sheet
How the U.S. Supreme Court rules in Wyeth v. Levine could limit the number of product liability suits brought against drug companies
You may also be interested in...
The Supreme Court's ruling in Wyeth v. Levine dashes pharmaceutical industry hopes for broad protection from state product liability lawsuits, but is not expected to trigger a sea-change in current industry operations
The Supreme Court rules 5-4 that smokers can sue tobacco companies alleging advertising for "light" cigarettes was deceptive, rejecting Philip Morris' argument that state law claims are pre-empted by the Federal Cigarette Labeling and Advertising Act. The court says there is no conflict between state law and federal law, which neither expressly nor implicitly pre-empts fraud claims. The decision does not reveal how the court will rule in Wyeth v. Levine, concerning the drug industry's defense that FDA labeling regulations pre-empt state tort claims (1"The Tan Sheet" Nov. 10, 2008, p. 20). In a sign the cases are different, the U.S. Solicitor General submitted a brief opposing Philip Morris' claim, but argues for pre-emption in Wyeth v. Levine
This week everyone's attention is riveted on the presidential election. But for the pharmaceutical industry there is another issue just as compelling. On Nov. 3, the U.S. Supreme Court will hear oral arguments in the case that will decide the future of product liability litigation