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Wyeth v. Levine - Are we in for a world of ubiquitous black box warnings?

By jbroses

The Supreme Court’s recent decision in Wyeth v. Levine held that FDA approval of a drug’s labeling does not preempt a state law tort claim for inadequate labeling.  So what do you do if you’re counsel to a pharmaceutical company making physician-administered drugs?  Put the biggest, scariest black box warning you can on every prescription drug you sell.  There’s no downside!  Physicians frequently don’t read labeling, relying instead on prior experience with the dru read more

Full post as published by BC Law Intell. Prop. & Tech. Forum on March 24, 2009 (boomark / email).