The decision, which the U.S. Court of Appeals for the Third Circuit said was a “close call,” hinged on whether an informal communication in the form of a letter the FDA sent to Merck was sufficient to establish preemption.
The decision, which the U.S. Court of Appeals for the Third Circuit said was a “close call,” hinged on whether an informal communication in the form of a letter the FDA sent to Merck was sufficient to establish preemption.
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