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Another Motrin Failure-To-Warn Decision Rejects Pre-emption Defense

This article was originally published in The Tan Sheet

Executive Summary

Massachusetts’ supreme court says no “clear evidence” showed “FDA would not have approved a warning on OTC ibuprofen labels stating that redness, rash, and blisters may lead to a life-threatening disease.” McNeil’s failed appeal of a verdict in Children’s Motrin litigation adds to rulings that reject federal pre-emption against failure-to-warn complaints.

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