As we discussed here, the United States Supreme Court last week ruled that state law claims for failure to include an adequate warning on a pharmaceutical label are not preempted by the federal Food and Drug Administration’s (“FDA”) prior approval of the product’s label. Wyeth v. Levine, No. 06-1249 (March 4, 2009). EAPD has now issued a client advisory discussing implications for pharmaceutical companies that may be of further interest to underwriters, claims personnel and risk managers. For a copy, please click here.