Question
Does the federal drug labeling law preempt the state drug labeling law? What is the public policy for having the Supremacy Clause? Do you think
Does the federal drug labeling law preempt the state drug labeling law?
What is the public policy for having the Supremacy Clause? Do you think that pharmaceutical companies supported the passage of the federal drug labeling statute?
Language of the U.S. Supreme Court
Under the Supremacy Clause, state laws that require a private party to violate federal law are preempted and, thus, are "without effect." In the instant case, it was impossible for Mutual to comply with both its state-law duty to strengthen the warnings on sulindac's label and its federal-law duty not to alter sulindac's label. Accordingly, state law is preempted. Sympathy for the respondent does not relieve us of the responsibility of following the law.
Decision
The U.S. Supreme Court held that federal drug labeling law preempted New Hampshire's stricter labeling law under the Supremacy Clause of the U.S. Constitution. The Supreme Court reversed the U.S. court of appeal's decision.
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