FDA’s pre-emption drug rule has split the courts

Roughly one year ago, the U.S. Food and Drug Administration (FDA) issued a pre-emption rule on filing failure-to-warn product liability lawsuits over federally approved drugs. Since that time, rulings across the nation have shown a clear division over the issue. The FDA pre-emption rule attempts to ban plaintiffs from filing product liability lawsuits if the drug has FDA approval. The rule acts as a camouflaged tort reform, limiting the rights of victims of bad drugs to justice.

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