Plaintiffs May Present ‘Black Box’ Evidence at Upcoming Zometa Trial, Fla. Federal Judge Rules

TAMPA, Fla. — Plaintiffs may present evidence relating to “black box” warnings at an upcoming Zometa trial, a Florida federal judge has ruled, noting that failure-to-warn arguments are not federally preempted and Novartis Pharmaceuticals Co. (NYSE: NVS) could have strengthened its label pursuant to the FDA’s “changes being effected” regulation.

In an Aug. 29 order, Judge Gregory Presnell of the U.S. District Court for the Middle District of Florida explained that the U.S. Supreme Court’s rulings concerning preemption apply only to generic, rather than name brand, drugs.

Guenther was diagnosed with breast cancer in February 1999 while living in …