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Under the "learned intermediary doctrine," drug manufacturers are not liable for failing to warn consumers of risks associated with prescription drugs as long as they disclose those risks to doctors. But as drug companies spend twice as much on direct advertising to consumers as promotions to physicians or research and development of new drugs, prescription drug makers' traditional immunity from consumer "failure-to-warn" claims is being challenged and rejected.
August 13, 2007 at 12:00 AM
1 minute read
The original version of this story was published on National Law Journal
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