George Mason University Antonin Scalia Law School

Pharmaceuticals: FDA Approved Warning Labels and Pre-emption

Event Details

  • Date:
  • Venue: Rayburn House Office Building
  • Division: Civil Justice Academy

The Food and Drug Administration approves the labels that contain the dangers of side effects and other contraindications for prescription drugs. Nevertheless, plaintiffs have successfully brought state-law based claims premised on the theory that these labels inadequately warned of some dangers of the drug.  The below panel addressed whether and/or under what circumstances such state-law claims should be pre-empted by federal law.

This Congressional Civil Justice Academy briefing featured:

Max Kennerly
Of Counsel, Tor Hoerman Law, LLC

Ana C. Reyes
Partner, Williams & Connolly

Moderator: Dennis M. Black
Acting Director of Education, Law & Economics Center

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