Federal Judiciary

Argument preview: FDA drug labeling requirements and failure-to-warn claims

By Adam Schlossman

On March 30, in PLIVA, Inc. v. Mensing (consolidated with Actavis Elizabeth, L.L.C. v. Mensing), the Court will hear oral argument regarding whether a state can hold manufacturers liable for failing to include additional safety information that is not required by the FDA.  Steven D. Schwinn, an associate professor of law at the John Marshall Law School and a co-editor of the Constitutional Law Prof Blog, previews the case for the American Bar Association?s PREVIEW of U.S. Supreme Court Cases; the ABA has generously agreed to share some of its previews ? which are authored by practitioners and scholars in the field ? with SCOTUSblog.  You can read Professor Schwinn?s preview here; PREVIEW?s website is here.

Full post as published by SCOTUSBLOG on March 25, 2011 (boomark / email).