Cigarette pre-emption claims up in smoke
This article was originally published in The Tan Sheet
Executive Summary
The Supreme Court rules 5-4 that smokers can sue tobacco companies alleging advertising for "light" cigarettes was deceptive, rejecting Philip Morris' argument that state law claims are pre-empted by the Federal Cigarette Labeling and Advertising Act. The court says there is no conflict between state law and federal law, which neither expressly nor implicitly pre-empts fraud claims. The decision does not reveal how the court will rule in Wyeth v. Levine, concerning the drug industry's defense that FDA labeling regulations pre-empt state tort claims (1"The Tan Sheet" Nov. 10, 2008, p. 20). In a sign the cases are different, the U.S. Solicitor General submitted a brief opposing Philip Morris' claim, but argues for pre-emption in Wyeth v. Levine
You may also be interested in...
Supreme Court Ruling In Wyeth Case May Make FDA More Cautious
How the U.S. Supreme Court rules in Wyeth v. Levine could limit the number of product liability suits brought against drug companies
National Drug Stockpiles Create ‘False Sense Of Security’
The generics and biosimilars industry body Medicines for Europe says disparate national stockpiling requirements are not a solution to shortages and can bring “significant risks” for the supply chain and access to medicines.
Patent Office Issues Proposed Rule For Rarely Successful Director Review Requests
The rulemaking is supposed to formalize the Patent Trial and Appeal Board process, which has been in an interim status since a Supreme Court decision, giving manufacturers more ability to request oversight of the decisions.