Third Circuit to rehear pre-emption cases
The U.S. Supreme Court's recent ruling in Wyeth v. Levine is already having repercussions for other pre-emption cases. On March 9, the Supreme Court vacated the Third Circuit U.S. Court of Appeals' ruling in Colacicco v. Apotex, which found that state tort claims alleging Apotex and GlaxoSmithKline failed to adequately warn of the risk of suicidal behavior with their antidepressants were pre-empted by FDA-approved labeling (1"The Pink Sheet" DAILY, April 10, 2008). The Supreme Court also vacated and remanded the Third Circuit's ruling in Pennsylvania Employees Benefit Trust Fund v. Zeneca, in which a third party payer claimed AstraZeneca falsely advertised Nexium (esomeprazole) as superior to Prilosec (omeprazole). The Third Circuit ruled that since the ads complied with FDA-approved labeling, they were not subject to state consumer fraud laws (2"The Pink Sheet," Sept. 3, 2007, p. 9)
You may also be interested in...
FDA Pre-emption Wins On Appeal, But Coming Supreme Court Case May Mean More For Drug Liability Risks
Third Circuit Court of Appeals tosses failure-to-warn claims against GSK and Pfizer.
Pink Sheet reporters and editor discuss President-Elect Joe Biden’s decision to name the CDER director as acting FDA commissioner and other staffing changes, as well as changes to industry trade groups’ political donations.
Delfi Diagnostics will use the new funds to expand its team of cancer researchers and machine-learning experts to validate its novel approach for early cancer detection through multiple prospective clinical trials.