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FDA-Approved Labeling: Is Enough Enough?

FDA Law

Brand drugs, generic drugs, and medical devices alike have all been the target of state failure-to-warn litigation; in a recent case, OTC acetaminophen is the target. This is because the presumption that manufacturers can unilaterally make substantive changes to the labeling of an OTC Monograph drug product is false.

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Navigating Executive Orders and DOJ Memos That Threaten Criminal Prosecution

FDA Law

Even if otherwise truthful, the promotion of off-label uses of hormones-including through informal campaigns like those conducted by sales reps or under the guise of sponsored continuing medical education courses-run afoul of the FDAs prohibitions on misbranding and mislabeling. 118, 129 (2007) (quoting Abbott Labs v. MedImmune, Inc.