American Journal of Law & Medicine

Pharmaceuticals: pharmaceutical companies engaging in direct-to-consumer advertising must provide consumers with adequate warnings.(New Jersey)

Pharmaceuticals: Pharmaceutical Companies Engaging in Direct-to-Consumer Advertising Must Provide Consumers with Adequate Warnings--Perez v. Wyeth Labs, Inc.(1)--The Supreme Court of New Jersey held that: (1) pharmaceutical manufacturers who engage in direct-to-consumer (DTC) advertising are liable for the failure to provide adequate product warnings to consumers and are not exempt from the learned intermediary doctrine;(2) (2) a manufacturer's warning is given a rebuttable presumption of adequacy if it complies with Food and Drug Administration (FDA) regulations;(3) and (3) the physician's role in prescribing drugs does not break the chain of causation for a manufacturer's failure to warn patients when the manufacturer has engaged in DTC advertising. …

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