In a big win for drug manufacturers, the 3rd Circuit has ruled that federal law bars a suit alleging false-advertising claims under state law because the U.S. Food and Drug Administration has "exclusive authority" to regulate prescription drug advertising. But a dissenting judge complained that such "implied conflict pre-emption" of state law was unwarranted since the FDA doesn't have the power to require pre-approval of ads and lacks the resources to police the ads that run after drugs are approved.
In Win for Drug Manufacturers, 3rd Circuit Rules Only FDA Can Regulate Ads
The Legal Intelligencer
August 22, 2007