Wyeth v Levine, heard today at the Supreme Court, may not be about preemption after all according to Dan Slater at the [1] WSJ Law Blog:

Indeed, when Justice Kennedy asked Levine’s lawyer when preemption should apply, the lawyer said that if the FDA had adequately weighed the risks and benefits of the IV push method, and included those details on the label, then his client wouldn’t have a case. However, the lawyer argued, those details weren’t provided. Therefore, preemption doesn’t exist in this case.

This case is being closely watched for its applicability to state products liability cases that turn on warning labels.