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Another victory over drugmakers' FDA preemption argument.

Publication: Trial
Publication Date: 01-JUL-07 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
The Center for Constitutional Litigation (CCL) has achieved another victory against arguments that FDA labeling regulations preempt state failure-to-warn claims. (Kelly v. Wyeth, 2007 WL 1302589 (Mass. Super. Apr. 12, 2007) .)

The April ruling in Massachusetts was the first decision to reject a claim of preemption by a generic drug manufacturer after the adverse ruling in Colacicco v. Apotex, Inc. In that case, a Pennsylvania district court held that the FDA's preemption pronouncements were entitled to judicial deference...

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