Continued from page 1

The 9th U.S. Circuit Court of Appeals in San Francisco ruled that the Navy did not prove “emergency circumstances” that would allow continued use of sonar near the mammals, some of which are endangered species.

The Navy says training exercises with sonar are important for national security.

In Wyeth v. Levine, the court is supposed to decide whether pharmaceutical companies can be subjected to a variety of state drug warning-label laws.

Wyeth, a major pharmaceutical company, argues that state laws are pre-empted by the U.S. Food and Drug Administration’s control over drug labeling.

Diane Levine sued Wyeth under a “failure-to-warn” state law after she developed an adverse reaction to an anti-nausea drug that led to amputation of her gangrenous arm. Ms. Levine is a guitarist from Vermont.

Wyeth said the lawsuit in state court is pre-empted by federal law because the FDA approved the warning on the label.

A lower court sided with Ms. Levine, saying the FDA warning set only a minimum standard but was inadequate for all cases.