SCOTUS Should Hear Label Highlights Appeal: PhRMA

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Pharmaceutical Research and Manufacturers of America (PhRMA) is asking the Supreme Court to hear an appeal from the 11th Circuit Court of Appeals that involves the potential for state tort-law liability if drug companies fail to unilaterally change language in the Highlights section of prescription medicine labeling. In its amicus brief, PhRMA says the question has substantial interest to its members since FDA prohibits companies from making such unilateral changes to labeling language.

“The burdens of product liability litigation are already substantial for life sciences companies,” PhRMA says, “and a regime that permits these companies to be held liable for failing to do what FDA forbids them from doing would disrupt regulation, hamper innovation, and harm patient health.”

The brief says the 11th Circuit erred in allowing the case of Shire v. Mark Blackburn to proceed on the theory that Shire could have made a change to the Highlights section of labeling for its ulcerative colitis drug Lialda (mesalamine) through the changes being effected provision. “The 11th Circuit’s decision undermines FDA’s authority to control the content of medicine labeling and at the same time places manufacturers in the impossible position of facing civil liability for failing to unilaterally revise the Highlights section, an action that FDA has explicitly forbidden manufacturers from taking,” PhRMA declares…. “The 11th Circuit’s ruling has the effect of creating a patchwork system of liability that will ultimately hamper manufacturer innovation and harm patient health. The decision of the 11th Circuit should be reversed.”

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