In a much anticipated decision,
Wyeth v. Levine,
the Supreme Court in a 6-3 decision upheld states' right to hold the
drug industry accountable for not adequately warning consumers and
prescribers of a drug's impact. The pharmaceutical industry had argued
that Federal Drug Administration approval of a drug's warning label
pre-empts state claims of injury based on the failure by a company to
warn of additional dangers not covered by the FDA-approved label. The
court rejected this argument.