Rita McDaniel v. Upsher-Smith Laboratories, Inc.

COOK, Circuit Judge.

*943Rita McDaniel's husband died after taking a course of a prescription drug manufactured by Upsher-Smith Laboratories, Inc. She sued, alleging that Upsher-Smith's failure to ensure that a Medication Guide accompanied the prescription led to her husband ingesting-and dying because of-a drug that wasn't meant for him. We are tasked with deciding whether the Federal Food, Drug, and Cosmetic Act ("FDCA") impliedly preempts McDaniel's Tennessee failure-to-warn claims premised solely on Upsher-Smith's failure to provide the Medication Guide as required by FDA regulations. It does.…