Supreme Court Holds that FDA Regulation Does Not Preempt State Tort Claim By Caitlyn Ross – Edited by Miriam Weiler Wyeth v. Levine Supreme Court of the United States, March 4, 2009, No. 06-1249 Slip Opinion On March 4th, the Supreme Court of the United States affirmed the judgment of the Vermont Supreme Court, holding that federal drug labeling regulations do not preempt state failure-to-warn lawsuits. The Supreme Court held that compliance with FDA labeling requirements did not preempt Levine’s ...
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