Supreme Court Rules States Cannot Add to FDA regulations. This is against the constitution, 9th and 10th of the Bill of Rights. Important

July 28, 2008

This needs to be overturned. You cannot take

away the rights of the people and the rights of

the statse. Big Pharma is trying to rid itself of

all the liability of putting poisons on the market like aspartame.

Dr. Betty Martini, D.Hum, Founder

Mission Possible International

9270 River Club Parkway

Duluth, Georgia 30097

770 242-2599

www.mpwhi.com, www.dorway.com and www.wnho.net

Aspartame Toxicity Center, www.holisticmed.com/aspartame

Newswire.

Supreme Court rules States cannot add to FDA regulatons

July 27, 2008

Dallas, Texas (WiredPRNews.com) America is facing

a tough call deciding who should hold the final

say when it comes to the accountability of

pharmaceutical and drug companies. Thus far, the

Supreme Court has ruled in favor of pre-emption

(i.e. that federal regulations automatically

overrule state laws). The Supreme Court case of

Wyeth vs. Levine may potentially create a

precedent for all future related drug-company

liability cases (by placing the FDA above state courts).

The case involves a musician from Vermont, Diana

Levine, who lost her arm to gangrene caused by an

anti-nausea drug. The drug was injected by means

of a method that was not specified in the label

(called the IV-push method). After settling with

her health care provider, she sued Wyeth (the

drug company) and was awarded $6.7 million by a

Vermont jury. On appeal, The Vermont Supreme

court upheld the ruling and found that the drug

company could have been held accountable

according to state standards and additional

labels validating the risks involved with the

IV-push method could have been added (without interfering with the FDA).

Wyeth’s lawyers argued that different states

could not hold drug companies to different

standards. In addition, the drug company argued

that the FDA’s required label was not to be

considered a minimum requirement/standard but the

best, most effective and most informative. The

final and most effective argument was that the

State of Vermont could not rule to prohibit the

administration of the drug via the IV-push

method, as that would interfere with the FDA.

The Supreme Court ruled 8-1 in favor of Wyeth

based on preemption and thus further increasing

the power of the federal government (as has been

the trend since the beginning of the 20th

century). The ruling in this case could set a

precedence that may shield tobacco and drug

companies from liability lawsuits and any state

regulation (as such responsibility is explicitly

within domain of the federal government not the state).

Legal News Desk

newsdesk · Filed Under <http://www.wiredprnews.com/category/law>Law

Sunday, July 27, 2008

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