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Supreme Court J&J Snub Keeps State OTC Drug Liability Claims in Play

The Supreme Court has left intact existing precedents that allow OTC-drug makers to be sued for failing to place warnings on their products that are more robust than the OTC monograph requires. Johnson & Johnson (J&J) subsidiary McNeil-PPC asked the court to review a case that tested the issue involving a child who died of an accidental overdose of its Infants’ Tylenol (acetaminophen). The Supreme Court denied McNeil’s request for review Oct. 9 without explanation.
Washington Drug Letter