Supreme Court Finds Michigan Statute is a Legitimate Delegation of Legislative Authority

LANSING, Mich. - The Michigan Supreme Court overturned an appellate court's decision that found a statute was an unconstitutional delegation of legislative authority because it gave the FDA power to determine whether a drug could be the focus of a products liability suit. Tamara Taylor and Lee Anne Rintz, et al., Plaintiffs-Appellees, v. Smith Kline Beecham Corp., et al., Defendant-Appellant, No. 120624 (Mich. Sup. Co.).

According to the March 26 opinion, the statute, MCL 600.2946(5), is constitutional because the FDA's approval of a drug and its labeling is a finding of independent significance used to determine whether a drug manufacturer …