tag:blogger.com,1999:blog-36634196.post4777985217052316443..comments2023-10-09T11:33:37.853-05:00Comments on The IN VIVO Blog: Supreme Court Shoots Down Wyeth Pre-Emption ArgumentChris Morrisonhttp://www.blogger.com/profile/04075266444951558159noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-36634196.post-11147098039630700762009-03-05T12:32:00.000-05:002009-03-05T12:32:00.000-05:00So, the next thing Wyeth should do is declare unil...So, the next thing Wyeth should do is declare unilateral control of all decisions regarding labeling for their products. FDA can provide advisory language if it wishes, but it is no longer controlling. If any ambitious tort lawyer in America can shop for cases & a gullible lay-jury to hold Wyeth accountable for the content of these labels, and FDA oversight provides no safe harbor, then the Fiduciary duty to shareholders, coupled with this expanded view of duty to inform patients of potential harms, places the onus squarely on Wyeth Management. If FDA does not like the idea of Rx firms seizing editorial control of their labels, then they should go to Congress or the courts to resolve the paradox this has created for Rx industry managers.Anonymousnoreply@blogger.com