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Articles 31 - 42 of 42
Full-Text Articles in Food and Drug Law
Making Changes: Generic Drug Labeling And The Case Against Federal Preemption, Lesley A. Stout
Making Changes: Generic Drug Labeling And The Case Against Federal Preemption, Lesley A. Stout
Kentucky Law Journal
No abstract provided.
The Impact Of Wyeth V. Levine On Fda Regulation Of Prescription Drugs, Richard C. Ausness
The Impact Of Wyeth V. Levine On Fda Regulation Of Prescription Drugs, Richard C. Ausness
Law Faculty Scholarly Articles
On March 4, 2009, the United States Supreme Court decided Wyeth v. Levine. In that case, the Court concluded that the plaintiff's failure to warn claim against the makers of the drug Phenergan was not impliedly preempted by the Food, Drug and Cosmetic Act (FDCA). In doing so, the Court rejected the argument of the U.S. Food and Drug Administration (FDA) that tort claims of this nature stand as an obstacle to federal regulatory objectives. This article evaluates the Court's opinion in Wyeth and examines that decision's impact on subsequent litigation in the area of prescription drug labeling. In …
Let Us Eat Lettuce (And Spinach): Is The Bioterrorism Preparedness Act Enough Or Is An Independent Food Safety Agency Required?, Robert M. Yoke
Let Us Eat Lettuce (And Spinach): Is The Bioterrorism Preparedness Act Enough Or Is An Independent Food Safety Agency Required?, Robert M. Yoke
Kentucky Law Journal
No abstract provided.
Reviving Lazarus: Status Of The Fda Compliance Defense After Bates V. Dow Agrosciences And The New Fda Regulations, Jason T. Ams
Reviving Lazarus: Status Of The Fda Compliance Defense After Bates V. Dow Agrosciences And The New Fda Regulations, Jason T. Ams
Kentucky Law Journal
No abstract provided.
No Pain No Gain?! Who Will Make The Greatest Sacrifices In Curbing Opioid Analgesic Diversion And Abuse?, Kent Durning
No Pain No Gain?! Who Will Make The Greatest Sacrifices In Curbing Opioid Analgesic Diversion And Abuse?, Kent Durning
Kentucky Law Journal
No abstract provided.
Pharmaceutical Overpromotion Liability: The Legal Battle Over Rural Prescription Drug Abuse, Phillip J. Wininger
Pharmaceutical Overpromotion Liability: The Legal Battle Over Rural Prescription Drug Abuse, Phillip J. Wininger
Kentucky Law Journal
No abstract provided.
Implications Of Fda Approval Of Ru-486: Regulating Mifepristone Within The Bounds Of The Constitution, Bradley E. Cunningham
Implications Of Fda Approval Of Ru-486: Regulating Mifepristone Within The Bounds Of The Constitution, Bradley E. Cunningham
Kentucky Law Journal
No abstract provided.
Pharmaceutical Patent Protection: More Generic Favored Legislation May Cause Pioneer Drug Companies To Pull The Plug On Innovation, Mandy Wilson
Kentucky Law Journal
No abstract provided.
The Impact Of The Cipollone Case On Federal Preemption Law, Richard C. Ausness
The Impact Of The Cipollone Case On Federal Preemption Law, Richard C. Ausness
Law Faculty Scholarly Articles
The United States Supreme Court handed down an opinion in the Cipollone case on June 24, 1992. Justice Stevens, writing for the majority, concluded that the Federal Cigarette Labeling and Advertising Act preempted all tort claims against cigarette manufacturers based on failure to provide adequate warnings about the health risks of smoking. However, the Court also held that claims based on breach of express warranty, misrepresentation, and conspiracy were not preempted by the Act. Thus, although Cipollone represents a clear victory for tobacco companies, it also leaves the door open for future litigation. The first part of this Article will …
Unavoidably Unsafe Products And Strict Products Liability: What Liability Rule Should Be Applied To The Sellers Of Pharmaceutical Products?, Richard C. Ausness
Unavoidably Unsafe Products And Strict Products Liability: What Liability Rule Should Be Applied To The Sellers Of Pharmaceutical Products?, Richard C. Ausness
Kentucky Law Journal
No abstract provided.
The Supreme Court's Opinion In The Inwood Case: Declination Of Duty, Kenneth B. Germain
The Supreme Court's Opinion In The Inwood Case: Declination Of Duty, Kenneth B. Germain
Kentucky Law Journal
No abstract provided.
Consumer Protection And Prescription Drugs: The Generic Drug Substitution Laws, Jillena A. Warner
Consumer Protection And Prescription Drugs: The Generic Drug Substitution Laws, Jillena A. Warner
Kentucky Law Journal
No abstract provided.