Plaintiffs Argue That Injunctive Relief in Vioxx/Celebrex Suit Not Preempted by FDA Regulation

BROOKLYN, N.Y. - Plaintiffs seeking injunctive relief under New York law in a Vioxx/Celebrex class action lawsuit have urged a New York federal court to deny defendants' motion to dismiss based on their argument that Food & Drug Administration (FDA) labeling regulations do not preempt state tort law. Cain, et al. v. Merck & Co., Inc., et al., No. CV-01-3441 (E.D. N.Y.).

Plaintiffs' Nov. 2 memorandum to the U.S. District Court for the Eastern District of New York emphasized that the FDA's labeling regulations set minimum standards and do not represent a Congressional intent to preempt state law, as defendants …