Question: How do you prove the contents of a prescription drug at trial without getting a “hearsay” objection?
Answer: Indiana courts allow the submission of the label as a “hearsay” exception. See below
Hearsay is an out-of-court statement made by someone other than the declarant and offered to prove the truth of the matter asserted. The labels on the boxes have been offered to prove the contents of the drugs, but this evidence has been seen as inadmissible hearsay. Under the “Market Reports, Commercial Publications” exception, drug labels would meet this exception, since they are regulated under law and are relied upon by physicians, patients, and others to describe accurately the chemical makeup of a commercially marketed pharmaceutical, whether over-the-counter or prescription. Further, a false or misleading label violates federal law. The Indiana “Drug, Device, and Cosmetic Act” regulates drugs introduced into commerce in this state. Like its federal counterpart, it also specifically prohibits the introduction into commerce of any drug that is mislabeled. The applicable federal and state regulations require that drug labels be accurate and trustworthy. Indeed, physicians, patients and the general public routinely rely on regulated manufacturing practices and mandatory labeling to assure that pharmaceuticals are as they are represented to be. Thus, labels of commercially marketed drugs are properly admitted into evidence to prove the composition of the drug.