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Deference to the FDA's Preamble

A cursory review of the conflicting decisions being rendered across the country reveals that courts are fairly split over the issue of federal pre-emption of failure-to-warn strict liability claims in pharmaceutical litigation. The FDA directly addressed the issue in the Preamble to the Final Rule ('Preamble') published Jan. 24, 2006.

17 minute read August 31, 2007 at 10:05 AM
By
Judi Abbott Curry and Jodie M. Gross
Deference to the FDA's Preamble

A cursory review of the conflicting decisions being rendered across the country reveals that courts are fairly split over the issue of federal pre-emption of failure-to-warn strict liability claims in pharmaceutical litigation.

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