· 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 CourtListenerSourced 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.