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: Southwest Virginia Law BlogOof, Supreme Court rejects FDA preemption in Wyeth case
By Steven R. Minor
The vote was 6-3, evidently, with Roberts, Scalia, and Alito on the losing side. I think that if the vote had gone the other way, Congress would have changed the law promptly, or tried to, as in the Ledbetter case.
Still, the preemption arguments makes an awful lot of sense, when the government controls what can and cannot be said in the drug labels, down to the period and comma.
Full post as published by Southwest Virginia Law Blog on March 04, 2009 (boomark / email).
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