In Wyeth v. Levine, 129 S. Ct. 1187, 173 L. Ed. 2d 51 (2009) the U.S. Supreme Court held that state law failure to warn claims against a pharmaceutical manufacturer were inadequate and that such state common law claims were not preempted because the existing warning in the drug packet insert was approved by the federal Food and Drug Administration (FDA). The court went on to hold that the FDA approved labels were not the maximum level of warnings necessary, but merely the minimum and that state common law may impose a higher duty to warn. Prior to the U.S. Supreme Court's decision in Wyeth v. Levine, the Court ruled pre-trial that the claims of the plaintiff were not precluded by federal law and that the plaintiffs would proceed to trial.