McNeil-PPC, Inc. v. Hutto
Petition for certiorari denied on October 9, 2012
Issue: Whether the preemption rule set forth in PLIVA, Inc. v. Mensing applies to a state-law failure-to-warn claim challenging an over-the-counter (OTC) drug label, where the label was consistent with the applicable OTC monograph and could not be changed by the manufacturer without prior approval from the Food and Drug Administration.
