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The Solicitor General just submitted a letter to the Third Circuit in Colacicco v. Apotex giving the government’s position on the preemption question in light of the Supreme Court’s decision in Wyeth v. Levine.

The SG says that the FDA “has not yet conducted the sort of reexamination of various preemption issues following the Supreme Court’s decision in Wyeth that would be necessary to inform a position of the United States in this case.” The SG also withdraws the amicus brief previously submitted by the FDA in Colacicco.

Here’s a link to the SG’s letter.