Tuesday, October 16, 2007

The FDA's wrong turn on preemption

My colleague David Vladeck has posted A Critical Examination of the FDA's Efforts to Preempt Failure-to-Warn Claims at SSRN. The increasing claims for preemption are part of a strategy by business defendants confident that their interests are better served in Washington than in the various states. The upcoming presidential election may well determine whether this strategy continues.

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