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View Diary: Agencies "Ruling" Out Tort Lawsuits - The Preemption Doctrine Explained (54 comments)

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  •  I see snark on snark (2+ / 0-)
    Recommended by:
    pikkel, Larsstephens

    These comments are beginning to sound like a Three Stooges Fest.

    •  Michigan, through its legislature, (4+ / 0-)

      (and the drug lobby) made the matter simple:

      (5) In a product liability action against a manufacturer or seller, a product that is a drug is not defective or unreasonably dangerous, and the manufacturer or seller is not liable, if the drug was approved for safety and efficacy by the United States food and drug administration, and the drug and its labeling were in compliance with the United States food and drug administration's approval at the time the drug left the control of the manufacturer or seller. However, this subsection does not apply to a drug that is sold in the United States after the effective date of an order of the United States food and drug administration to remove the drug from the market or to withdraw its approval. This subsection does not apply if the defendant at any time before the event that allegedly caused the injury does any of the following:
        (a) Intentionally withholds from or misrepresents to the United States food and drug administration information concerning the drug that is required to be submitted under the federal food, drug, and cosmetic act, chapter 675, 52 Stat. 1040, 21 USC. 301 to 321, 331 to 343-2, 344 to 346a, 347, 348 to 353, 355 to 360, 360b to 376, and 378 to 395, and the drug would not have been approved, or the United States food and drug administration would have withdrawn approval for the drug if the information were accurately submitted.
        (b) Makes an illegal payment to an official or employee of the United States food and drug administration for the purpose of securing or maintaining approval of the drug.

      There is talk of repealing this. http://www.housedems.com/...

      "You don't make peace with friends. You make it with very unsavory enemies." -Yitzhak Rabin

      by pikkel on Sun May 18, 2008 at 10:27:08 AM PDT

      [ Parent ]

    •  frauds and bribes exceptions (n/t) (1+ / 0-)
      Recommended by:
      Larsstephens

      "You don't make peace with friends. You make it with very unsavory enemies." -Yitzhak Rabin

      by pikkel on Sun May 18, 2008 at 10:28:45 AM PDT

      [ Parent ]

    •  Source: (2+ / 0-)
      Recommended by:
      shirah, Larsstephens

      MCL 600.2946 eff. '95

      "You don't make peace with friends. You make it with very unsavory enemies." -Yitzhak Rabin

      by pikkel on Sun May 18, 2008 at 10:38:03 AM PDT

      [ Parent ]

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