Johnson & Johnson v. Reckis
- Case Date: 11/9/2015
- Project Name: Health Care Project
On January 19, 2016, the U.S. Supreme Court issued an order declining to review a Massachusetts Supreme Judicial Court decision that imposed massive liability on a drug manufacturer for failing to include an additional health warning on the label of a commonly used pain reliever—even though the Food and Drug Administration rejected requests to add the very same warning. The decision was a setback for WLF, which filed a brief urging the Court to grant review. WLF argued that the lower court should have ruled that the state tort claim was preempted by federal law, because it was impossible for the manufacturer to comply simultaneously with federal law and the conflicting demands of state tort law. WLF asserted that the healthcare system is ill-served when lay jurors are permitted to overrule FDA’s considered judgment regarding what warnings should go onto drug labels and that placing too many warnings on labels directed to consumers can scare them away from beneficial treatments.
More Information and Downloads:
11/9/2015: Download the Brief