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Court rejects FDA pre-emption claims

Executive Summary

In a June 22 ruling in a case involving Wyeth's Prempro (estrogen/progestin), New Jersey Superior Court rules that FDA approval of a drug's label is insufficient to pre-empt a product liability suit claiming inadequate warning of the product's risks. The Third Circuit U.S. Court of Appeals is set to be the first appellate court to address preemption with two pending cases (1"The Pink Sheet" April 9, 2007, p. 24)...

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