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US Supreme Court Rules in FDA Pre-emption Case
Posted on Mar 11, 2009
The United States Supreme Court has ruled that just because the federal government regulates an industry, citizens should still be allowed to sue a company within that industry in state courts.
By a vote of 6-3 the court ruled against Wyeth in a case closely watched, not only by the drug industry but by all industries regulated by the federal government. Wyeth argued that federal regulations placed on industries by federal agencies such as the Food an Drug Administration (FDA) should trump state law cause of actions. The pharmaceutical giant had argued that if drug makers follow the rules established by the FDA, patients should not be able to sue in state court.
The Wall Street Journal reported that the court rejected that argument stating that, "We conclude that it is not impossible for Wyeth to comply with its state and federal law obligations,"
Wyeth said that they believed that Federal law prohibited the company from revising the lable of the drug as Vermont law required. The company stated through their attorney that the medical experts at the FDA were in the best position to, "...weigh the risks and benefits of a medicine and to assess how those risks and benefits should be described in the product's label."
Levine's attorney said, "The Supreme Court's opinion reaffirms the important role state law plays in promoting consumer safety and providing compensation for injuries. More importantly, the decision permits Ms. Levine to put this chapter behind her and to move on with her life."
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