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Colacicco v. Apotex and GlaxoSmithKline

In 2002, the FDA reversed its longstanding position that federal regulation does not preempt damages claims against phramaceutical companies. Immediately thereafter, pharmaceutical companies began routinely to argue that the Food, Drug, and Cosmetic Act impliedly preempts state-law actions brought by patients who have been injured by prescription drugs. These briefs were filed in support of the plaintiffs in two cases addressing that preemption issue. The issue was later resolved by the Supreme Court in the plaintiffs’ favor in Wyeth v Levine.