Failure-To-Warn Claims Not Preempted in Actos Case, La. Federal Judge Rules

LAFAYETTE, La. — A Louisiana federal judge has denied Takeda Pharmaceuticals Inc. summary judgment on failure-to-warn claims in an Actos case, finding they are not preempted because the drug maker presented no evidence that it proposed a stronger warning to the Food and Drug Administration.

On Jan. 7, Judge Rebecca F. Doherty of the U.S. District Judge for the Western District of Louisiana held that “absent clear evidence that the FDA would not have approved a change to Takeda's label, we will not conclude that it was impossible for Wyeth to comply with both federal and state requirements."

Plaintiffs …