Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Six years ago, in Perez v. Wyeth Laboratories Inc., 161 N.J. 1 (1999), the New Jersey Supreme Court enunciated a novel exception to the learned intermediary doctrine intended to address the rise of direct-to-consumer (DTC) marketing of prescription pharmaceuticals. The learned intermediary doctrine is a common law principle, codified in many states, that shields prescription pharmaceutical manufacturers from liability for failing to warn consumers of the potential side-effects associated with their products as long as they have adequately warned prescribing physicians. The Perez court, however, held that when pharmaceutical companies employ DTC advertising, there is an additional duty to warn consumers of potential risks.
Immediately following the controversial ruling, one legal commentator hailed Perez as a “precedent-setting decision likely to have a huge ripple effect within and beyond the pharmaceutical industry.” Ritter N: Learned Intermediary Doctrine: Drug Makers Get a Warning of Their Own. 8 New Jersey Lawyer: The Weekly Newspaper, Aug. 16, 1999, at 1725. Indeed, to many scholars, Perez signaled the end of the age of “doctor knows best,” and thereby the end of the learned intermediary doctrine's relevance. See Perez, 161 N.J. at 4.
Reports of the learned intermediary doctrine's eventual demise, however, were greatly exaggerated. Since Perez, no other jurisdiction that recognizes the doctrine has adopted the DTC exception. Nor, as many predicted, has the learned intermediary doctrine been legislatively eviscerated to combat the continued rise of DTC advertising for prescription pharmaceuticals. Rather, the public policy concerns underlying Perez have proven to be more adequately and efficiently addressed by regulatory enactments of the Food and Drug Administration (FDA), as well as self-policing on the part of the pharmaceutical industry itself.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.