Third Circuit Finds Preemption of Consumer Fraud Claims Challenging DTC Ads Based Upon FDA-Approved Labeling

August 01, 2007

State consumer fraud statutes play an increasingly important role in product liability litigation against pharmaceutical companies. Whether as a stand-alone claim in a class action lawsuit, or as an adjunct claim in a personal injury suit, plaintiffs are bringing such claims in ever greater numbers—undoubtedly because the substantive elements under such statutes are often easier to prove and both statutory multiple damages and attorneys’ fees are available.

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