fb tracking

Motus v. Pfizer

In this case, defendant Pfizer argued that the Food, Drug, and Cosmetic Act impliedly preempts state-law actions brought by patients who have been injured by brand-name prescription drugs. In the Ninth Circuit Court of Appeals, Public Citizen filed an amicus brief arguing that federal law does not preempt such claims. The court affirmed dismissal of the case on a different ground and did not reach the preemption issue. In 2009, the U.S. Supreme Court considered the issue in Wyeth v. Levine and held that such claims are not preempted.