U.S. Supreme Court

Case Status


Docket Number


Cert. Denied

Lower Court Opinion


Questions Presented

(1) Whether a state violates the First Amendment by penalizing a defendant for the content of its speech without requiring proof that the speech contains a knowing or reckless falsehood;

(2) Whether the Federal Food, Drug, and Cosmetic Act preempts a state enforcement action that serves no compensatory purpose and instead simply seeks to penalize a pharmaceutical company for actions that are comprehensively regulated and overseen by the Food and Drug Administration; and

(3) Whether the imposition of a $124 million civil penalty, without any showing of actual deception, reliance, or injury, violates the Excessive Fines Clause.

Case Updates

Cert. petition denied

January 11, 2016

The petition for writ of certiorari was denied.

U.S. Chamber asks Supreme Court to review South Carolina judgment in FDA-approved labeling case

December 10, 2015

In its brief, the U.S. Chamber urged the U.S. Supreme Court to review a South Carolina judgment imposing $124 million in penalties for alleged “unfair or deceptive” statements made in connection with FDA-approved labeling. The brief argues that meaningful limits on civil penalties under the Excessive Fines Clause are particularly important given the increasing trend of states outsourcing enforcement to private attorneys on a contingency basis.

John H. Beisner and Geoffrey M. Wyatt of Skadden, Arps, Slate, Meagher & Flom LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents