Most Courts Pay Due Regard to Boxed Warnings: Post

Attorney James Beck (Reed Smith) writes in an online post that while a Missouri court last year held that an FDA-approved Boxed Warning was not only inadequate but so poor as to be worthy of punitive damages, most courts have found that Boxed Warnings are adequate as a matter of law. “In our view,” Beck writes after citing several cases, “the bottom line with Boxed Warnings is (1) the presence of a Boxed Warning concerning the relevant risk of a prescription medical product demonstrates that the risk is adequately warned about and sufficiently emphasized, making the warning adequate as a matter of law; and (2) since FDA controls the content of Boxed Warnings, any allegations that existing Boxed Warnings are inadequate are necessarily preempted.”

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