Perspective
Feb. 3, 2011
Federal Pre-emption and Generic Drug Labeling
When it comes to generic drug labeling, should federal labeling requirements trump state tort laws? By Brian Kabateck and Payvand Abghari of Kabateck Brown Kellner LLP.
In recent years, drug manufacturers have attempted to reconcile their respective federal drug labeling duties with those that state tort laws impose. Manufacturers have argued that federal law pre-empts state failure-to-warn claims where the Food and Drug Administration has granted prior approval of a drug's label. In Wyeth v. Levine, a landmark pharmaceutical decision, the U.S. Supreme Court seemingly clarified...
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