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Tort Attorneys Concerned By State Claim Pre-emption Described In OTC Rule

This article was originally published in The Tan Sheet

Executive Summary

An FDA proposed rule has a lawyer's group concerned the agency is moving toward a policy of pre-empting state tort law regarding liability claims linked to over-the-counter products

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McNeil Consumer Healthcare argues in a consumer injury lawsuit that the Supreme Court's 2009 decision in Wyeth v. Levine does not apply to nonprescription pharmaceuticals because OTC and Rx drugs are covered by different regulatory labeling schemes.

McNeil Seeks Supreme Court Opinion On OTC Labeling Pre-emption

McNeil Consumer Healthcare argues in a consumer injury lawsuit that the Supreme Court's 2009 decision in Wyeth v. Levine does not apply to nonprescription pharmaceuticals because OTC and Rx drugs are covered by different regulatory labeling schemes.

McNeil Seeks Supreme Court Opinion On OTC Labeling Pre-emption

McNeil Consumer Healthcare argues in a consumer injury lawsuit that the Supreme Court's 2009 decision in Wyeth v. Levine does not apply to nonprescription pharmaceuticals because OTC and Rx drugs are covered by different regulatory labeling schemes.

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