Hyman, Phelps & McNamara Issues Analysis Discussing the Implications of the Supreme Court’s Wyeth v. Levine DecisionMarch 16, 2009
In Wyeth, the Court ruled that, based on the facts of that case, the Federal Food, Drug, and Cosmetic Act does not preempt state law. Although the immediate effect was to let stand the state law tort judgment against Wyeth, the effects of the case are almost certainly not going to be so limited. In fact, as discussed in Hyman, Phelps & McNamara’s analysis, Wyeth is likely to remain an important Supreme Court preemption case for the drug industry for the foreseeable future.
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