California's Prop 65 Trumped By FDA, But On Narrow Grounds

The truth is apparently no defense for the state when it comes to issuing warning labels for nicotine gums and patches. Recently, the California Supreme Court unanimously ruled in <i>Dowhal v. SmithKline Beecham Consumer Healthcare</i>, 04 C.D.O.S. 3259 that federal regulations trump state statutes when it comes to putting pregnant women on alert about the possible dangers of Nicorette' and other nicotine-replacement therapies -- even if the state warnings are legitimate. "Whether a label is potentially misleading or incomprehensible is essentially a judgment of how the consumer will respond to the language of the label," Justice Joyce Kennard wrote. "A truthful warning of an uncertain or remote danger may mislead the consumer into misjudging the dangers stemming from the use of the product, and consequently making a medically unwise decision."

11 minute read April 27, 2004 at 10:35 AM

By

Mike McKee