Merck: FDA Statement Supports Preemption, Dismissal of Vytorin Claims

NEWARK, N.J. - Merck has filed a supplement to its motion to dismiss claims in the Vytorin/Zetia MDL, claiming that a recent announcement by the FDA advocating continued use of Vytorin fortifies its argument that the plaintiffs' state law damages claims are preempted. In re Vytorin/Zetia Marketing, Sales Practices and Prods. Liab. Litig., MDL No. 1938 (D. N.J.).

In a Jan. 12 letter to Judge Dennis M. Cavanaugh of the U.S. District Court for the District of New Jersey, Merck contends that FDA review of the study plaintiffs used as a springboard for their claims has revealed that the drug …