Nearly one year after the U.S. Food and Drug Administration issued a pre-emption on filing failure-to-warn actions over federally approved drugs, rulings across the nation show a clear division over the issue.

The FDA declared that it possessed the pre-emptive power in the preamble to new rules for drug labeling issued on June 30, 2006. The pre-emption attempts to ban plaintiffs from filing the lawsuits if the drug has FDA approval.

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