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SCOTUS to hear two big preemption cases

Wyeth v. Levine, certiorari to the Supreme Court of Vermont, will decide to what extent FDA regulation of warning labels preempts failure-to-warn claims. The solicitor general's brief nicely explains the stakes, and why reversal is merited now that the Court has granted cert. Public Citizen's pro-litigation brief is also on the web. (Update: Beck and Herrmann have a comprehensive post.)

Altria v. Good, certiorari to the First Circuit, will resolve tobacco companies' preemption defense to light-cigarette consumer fraud class actions. Can a manufacturer be held liable for "consumer fraud" for using a government-mandated description for their product? The NCLC brief explains why this is important beyond tobacco. Public Citizen's brief in a similar Illinois case is on the web. Public Citizen's brief in a similar Illinois case is on the web. (Update: see also Steenson and WSJ. Also Lahav, who mistakenly labels Public Citizen's position as "pro-consumer," though it would raise prices, reduce consumer choices, and, in at least in the drug context, hurt consumer safety.)

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.