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· 4/15/2004

Dowhal v. Smithkline Beecham Consumer Healthcare

Citations

  • 88 P.3d 1
  • 12 Cal. Rptr. 3d 262
  • 32 Cal. 4th 910
  • 2004 Daily Journal DAR 4601
  • 2004 Cal. Daily Op. Serv. 3259
  • 2004 Cal. LEXIS 3040

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that an FDA “letter established a federal policy prohibiting defendants from giving consumers any warning other than the one approved by the FDA in that letter, and that the use of a [warning required by state law] would conflict with that policy”
  • concluding that an FDA “letter established a federal policy prohibiting defendants from giving consumers any warning other than the one approved by the FDA in that letter, and that the use of a [warning required by state law] would conflict with that policy”
  • “Warnings through point-of-sale posters or public advertising could have the same effect of frustrating the purpose of federal policy.”
  • plaintiffs case preempted by federal law when defendant asked the FDA for permission to change the label and the FDA denied the request
  • FDA letters to drug manufacturers

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennard

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.