Logourl black

Drug Manufacturer’s Duty to Warn


In general, a manufacturer of prescription drugs has a duty to warn all persons who will foreseeably come into contact with and potentially be injured by the products. However, when a physician acts as a “learned intermediary” between the manufacturer and the consumer, the manufacturer only has a duty to warn the physician of inherent risks in the product that would be pertinent to a reasonably prudent person. An exception exists for oral contraceptives, where the manufacturer has a duty to directly warn the patient of risks associated with the products.

Related Rules [?]

The related rules section is for members only and includes a compilation of all the rules of law in Quimbee's database relating to this key term.

To access the related rules, please start your free trial or log in.