McNeil Seeks Supreme Court Opinion On OTC Labeling Pre-emption
This article was originally published in The Tan Sheet
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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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
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