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McNeil Seeks Supreme Court Opinion On OTC Labeling Pre-emption

This article was originally published in The Tan Sheet

Executive Summary

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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In Brief

Perrigo cleared for Zegerid OTC equivalent; Abbott Nutrition feels effects of international distribution model shift; Supreme Court passes on McNeil Tylenol preemption case; Calif. class action proceeds against POM Wonderful; multivitamins yield modest cancer-prevention benefits; study links PSE buys, meth labs.

Supreme Court Again Asked To Address Generic Firms' Liability For Inadequate Warning Labels

Actavis is making a second appeal to the Supreme Court to consider whether a generic manufacturer can be sued for failing to add safety information to its labeling that is not in the brand's label

High Court’s Wyeth v. Levine Ruling Returns Pre-Emption Status Quo

The Supreme Court's ruling in Wyeth v. Levine dashes pharmaceutical industry hopes for broad protection from state product liability lawsuits, but is not expected to trigger a sea-change in current industry operations

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