Overlawyered by the FDA?
Overlawyered had a post yesterday on the FDA's new and controversial practice of filing amicus briefs in drug-warning cases against pharmaceutical manufacturers. Here is a Bloomberg article on the subject. Lo and behold, it appears the FDA did file an amicus brief in July 2003 in Dowhal v. SmithKline Beecham Consumer Healthcare, 32 Cal.4th 910 (Apr. 15, 2004), in which the California Supreme Court held that federal law preempted Proposition 65 nicotine patch warning requirements (and UCL claims based thereon; see my original Dowhal post). More information can be found in this article. (And a belated thanks to Overlawyered for mentioning The UCL Practitioner in a post last week. Welcome Overlawyered readers!)
- posted by Kim Kralowec @ 6:39 AM