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4776 REVIEW DENIED If state-of-the-art scientific data concerning an alleged risk of a pharmaceutical was fully disclosed to the (Food and Drug Administration (FDA), and it determined, after review, that no warning should be given, state actions based on the claim that no warning was given would be preempted, but otherwise the FDA's approval of a particular warning does not establish that risks are unknown or unknowable, and does not preclude liability for failing to warn about them.CitationMcKENNEY v PUREPAC (FDA Pre-emption) 167 CA4 72 [See: Brown v Superior Court 44 C3 1049; Carlin v Superior Court 1996 13 C4 1104, T/AT 10/96; Olszewski v Scripps 30 C4 798, T/AT 7/03]
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