The Cross-Border Biotech Blog

Biotechnology, Health and Business in Canada, the United States and Worldwide

Supreme Court Rules 6-3 Against Preemption in Wyeth v Levine

The Wyeth v. Levine opinion (pdf) was handed down this morning, holding that state tort law claims (in this case, inadequate warning) are not preempted by the FDCA.  Justice Thomas’ concurring opinion starts at page 30 of the pdf.  Alito and Scalia’s dissent starts at page 54 of the pdf.

Now we have different preemption rules for PMA-approved devices (Reigel v. Medtronic), where state tort law is preempted, than for 510(k) devices (Medtronic v. Lohr) and for drugs (Wyeth v. Levine) where state law claims are still available.

Let’s see where Waxman and Pallone head with this.

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2 responses to “Supreme Court Rules 6-3 Against Preemption in Wyeth v Levine

  1. Pingback: Preemption Update: Waxman and Pallone Hit the Ground Running « The Cross-Border Biotech Blog

  2. Pingback: No Preemption No Problem: State Supreme Courts Wade Into Drug and Device Preemption « The Cross-Border Biotech Blog

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