Friday, April 3, 2009
New York proposes to do away with the learned intermediary doctrine
The Drug and Device Law Blog is reporting that a bill recently introduced in the New York State legislature proposes to eliminate the learned intermediary doctrine for prescription drugs or devices that are promoted through direct-to-consumer advertising. Here's a link to the description of the bill. I tend to think that this is a good idea. Obviously, however, because eliminating the learned intermediary doctrine would increase the possibility of liability of pharmaceutical manufacturers you can expect a tremendous level of opposition and lots of lobbying. Stay tuned; this will be one interesting fight. If you want to see the pharmaceutical manufacturers' argument in favor of the learned intermediary doctrine, follow the links in the Drug and Device Law Blog. Here is an example.