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10 Feb 2017 New Drug Application Conflict Preemption Defense Gains Traction in Utts

  Authored by Jim Murdica and Kristen Richer   Any brand name drug manufacturer knows the value of a good federal preemption defense: a straightforward disposition of challenges to the design or labeling of a product. It’s also no secret that the U.S. Supreme Court’s 2009 preemption decision in Wyeth v. Levine undercut the value of the preemption defense in brand name pharmaceutical litigation. The court reasoned that failure-to-warn claims for certain types of labeling were not preempted because, under the Food and Drug Administration’s…