June 07, 2019

SCOTUS Doesn’t Clarify Application of Pharmaceutical Conflict Preemption

Elie Biel authored an article for the American Bar Association, which analyzes the United States Supreme Court’s recent decision in Merck Sharp & Dohme Corp. v. Doris Albrecht, et al. The article discusses whether a prescription drug manufacturer should be held liable under a state-based, failure-to-warn theory if the FDA previously rejected a proposed amendment to the product’s warning label.
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