title: How the FDA can overturn Wyeth v. Levine.
abstract: In Wyeth v. Levine, the Supreme Court held that an FDA-approved drug label did not preempt state tort law. Although the Supreme Court did not defer to the FDA's position, language in the opinion, and Breyer's concurring opinion, suggest that the FDA may be able to abrogate Wyeth v. Levine using the administrative law doctrine originally announced in Chevron v. Natural Resources Defense Council. That is, the FDA may claim deference to its position in a future case involving the same legal questions. This Note explains how Wyeth impacts the Chevron doctrine and identifies how the FDA assertion that drug labels preempt state law may win in a future case.
authors.affiliation: Boston University School of Law, USA.
authors.forename: Anthony
authors.initials: A
authors.lastname: Gostanian
mesh_terms: D017277:Drug Approval / Q000331:legislation & jurisprudence*; D004348:Drug Labeling / Q000331:legislation & jurisprudence*; D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence*; D011398:Promethazine; D035521:Supreme Court Decisions; D014481:United States; D014486:United States Food and Drug Administration
chemical_list: D011398:Promethazine