Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

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.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Smith And Keenans Law For Business

Authors: Denis Keenan

13th Edition

1405824042, 978-1405824040

More Books

Students also viewed these Law questions