U.S. Supreme Court Rejects Wyeth Preemption Argument

WASHINGTON, D.C. - The U.S. Supreme Court has issued its long-awaited opinion in Wyeth v. Levine, ruling that state law failure-to-warn claims for a Vermont woman's alleged prescription drug-related injuries are not preempted by federal law. Wyeth v. Levine, No. 06-1249 (U.S. Sup. Ct.).

In a 6-3 decision issued this morning, the nation's highest court held that the FDA's "changes being effected" (CBE) regulation permits drug manufacturers to make certain labeling changes that would add or strengthen a prescription drug warning and improve drug safety.

Wyeth was sued by Diana Levine for injuries she suffered as a result of being …