Firm Memoranda

Supreme Court Holds That Prior FDA Approval of a Drug Warning Label Does Not Pre-Empt Plaintiff's State Tort Action

Date: 03/06/09

On March 4, 2009, the Supreme Court, in a 6-3 decision, issued its Opinion in Wyeth v. Levine, holding that prior approval by the FDA of the warning label for Wyeth's anti-nausea drug, Phenargan, did not preclude a plaintiff's state tort action against Wyeth for failure-to-warn or strict liability.

Supreme Court Holds That Prior FDA Approval of a Drug Warning Label Does Not Pre-Empt Plaintiff’s State Tort Action.pdf (pdf | 132.60 KB )