Pharmaceuticals: FDA Approved Warning Labels and Pre-emption

Event Details

  • Date:
  • Venue: Rayburn House Office Building
  • Division: Congressional 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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