Another point of view on this key ruling from the Supreme Court.
Lawrence GoldhirschTaylor AsenThe Supreme Court's decision in Wyeth v. Levine recognizes that the FDA's approval of a drug label does not pre-empt state law failure-to-warn claims.
The Issue with Phenergan
Rarely has a defendant in a drug case been able to compile such a favorable set of facts to present to the Court. Phenergan, marketed since the 1950s, is an anti-nausea prescription medication.
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New York is one of the first states to adopt laws to regulate artificial intelligence use in advertising and to strengthen post-mortem publicity rights regarding AI-generated replicas and “synthetic performers.” Given the state’s role as a bellwether for consumer-protection and advertising regulation, these new laws, combined with the state’s broader AI legislative framework, represent a shift toward transparency, consent and accountability.
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