The article reports on the benefits of federal preemption on the regulation of prescription drug warning labels by the U.S. Food and Drug Administration (FDA). The Wyeth vs. Levine case is presented which highlights the significance of a common direction between federal and state government. The presumption against federal preemption that guided the Court's decision is discussed. The possible consequences from denying federal preemption for prescription drugs are discussed.
Joseph F. Petros III,
The Other War on Drugs: Federal Preemption, the FDA, and Prescription Drugs after Wyeth v. Levine,
Notre Dame J.L. Ethics & Pub. Pol'y
Available at: http://scholarship.law.nd.edu/ndjlepp/vol25/iss2/19