FDA Claims That Plaintiffs Request for Preliminary Injunction is Preempted by Federal Law

LOS ANGELES-The FDA has requested that a federal judge reject a recent request for a preliminary injunction to stop Paxil manufacturer GlaxoSmithKline from airing ads that claim the drug is habit forming because it is preempted by federal law and the agency has previously ruled that the ad is not misleading. In re: Paxil Litigation, No. 01-07937 (C.D. Calif.).

The FDA's Sept. 5 brief detailing the issues related in its Statement of Interest states that Congress gave the agency the authority to regulate drug labeling and advertising and to establish guidelines that determine what constitutes misleading or false advertising. The …