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January 22, 2021   
Health Law Weekly

Fourth Circuit Says State Law Fraud Claim Preempted by Federal Drug Labeling Law

  • January 22, 2021

The Fourth Circuit January 6 reversed a jury’s finding that a drug maker committed fraud under state law when it failed to revise the physician label of its Food and Drug Administration (FDA) approved drug. According to the appeals court, the state law clam is preempted by the FDA’s changes-being-effected regulation.

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