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Wyeth v. Levine

Docket No.: 06-1249
Certiorari Granted: Jan 18 2008
Argued: November 3, 2008
Decided: March 4, 2009

PartyNames: WYETH v. LEVINE
Petitioner: Wyeth, Inc.
Respondent: Diana Levine

Court Below: THE SUPREME COURT OF VERMONT

Wyeth, Inc.
v.
Diana Levine
Question Presented:

Whether the prescription drug labeling judgments imposed on manufacturers by the Food and Drug Administration ("FDA") pursuant to FDA's comprehensive safety and efficacy authority under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. ยง 301 et seq., preempt state law product liability claims premised on the theory that different labeling judgments were necessary to make drugs reasonably safe for use.

Question:

Does federal law preempt state law in a personal injury action against a drug manufacturer for failing to include an appropriate warning label where the drug in question met the labeling requirements of the Food and Drug Administration?

Note:

EXPEDITED BRIEFING SCHEDULE

Holding: affirmed
Vote: 6-3
Opinion By:
Read WYETH V. LEVINE opinion (PDF)
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