context: Analyzing specific tort duties in these 52 jurisdictions and then comparing them to federal labeling requirements would be onerous, and it is unnecessary. Tort law in particular jurisdictions may or may not require Defendant to change statements regarding efficacy in Lipitor's label, based on the ASCOT data. It is sufficient here to hold that, to the extent any state law does so require, Defendant cannot comply with that state law and federal labeling requirements simultaneously.
citation_a.signal: see
citation_a.identifier: 727 F.3d 1273, 1286
citation_a.parenthetical: "[S]tate tort law is preempted if it imposes a duty upon manufacturers to take some action that is prohibited under federal law."
citation_a.sentence: See, e.g., Schrock v. Wyeth, Inc., 727 F.3d 1273, 1286 (10th Cir.2013) (“[S]tate tort law is preempted if it imposes a duty upon manufacturers to take some action that is prohibited under federal law.”); see also Drager v. PLIVA USA, Inc., 741 F.3d 470, 478 (4th Cir.2014) (holding that "even if such claims are cognizable [under state law], they are preempted in the case of generic drug mánufacturers.”),
citation_b.signal: see also
citation_b.identifier: 741 F.3d 470, 478
citation_b.parenthetical: holding that "even if such claims are cognizable [under state law], they are preempted in the case of generic drug manufacturers."
citation_b.sentence: See, e.g., Schrock v. Wyeth, Inc., 727 F.3d 1273, 1286 (10th Cir.2013) (“[S]tate tort law is preempted if it imposes a duty upon manufacturers to take some action that is prohibited under federal law.”); see also Drager v. PLIVA USA, Inc., 741 F.3d 470, 478 (4th Cir.2014) (holding that "even if such claims are cognizable [under state law], they are preempted in the case of generic drug mánufacturers.”),