SCOTUS Doesn’t Clarify Application of Pharmaceutical Conflict Preemption

Elie Biel authored an article for the American Bar Association, which analyzes the United States Supreme Court’s recent decision in Merck Sharp & Dohme Corp. v. Doris Albrecht, et al. The article discusses whether a prescription drug manufacturer should be held liable under a state-based, failure-to-warn theory if the FDA previously rejected a proposed amendment to the product’s warning label.