The Legal Examiner Mark The Legal Examiner Mark The Legal Examiner Mark search twitter facebook feed linkedin instagram google-plus avvo phone envelope checkmark mail-reply spinner error close
Skip to main content

When the FDA approved new rules making pharmaceutical companies provide clearer labeling and detailed warnings about their drug products, they also slipped in a second rule change that is both ridiculous in its scope and profoundly anti-consumer. This new rule change argues that because the FDA approves drugs before they can be marketed to the general public, only federal courts should hear cases where someone claims they were injured by those drugs. It’s called “federal preemption” and if upheld, will require injured victims of dangerous drugs to sue a drug company in federal court not state court. Joan Claybrook, President of Public Citizen, summed it up perfectly, “This is a sneak attack on consumer rights. Bush is once again abusing his executive powers, this time in his attempt to protect the big pharmaceutical companies from the consequences of their actions. Thousands of people in this country have died or been seriously injured by drugs approved by the FDA, and this administration is saying it doesn’t think people should have any recourse.”

Comments are closed.

Of Interest