N.J. Judge Affirms Decision Permitting State Law Failure-to-Warn Claims

CAMDEN, N.J. - A New Jersey judge has found that the federal Food, Drug and Cosmetic Act does not preempt a plaintiff from claiming that an FDA-approved warning was inadequate under state law if the plaintiff can demonstrate that the manufacturer had a reasonable duty to supplement the warning. McNellis v. Pfizer Inc., et al., No. 05-1286 (D. N.J.).

[For more recent preemption rulings, see Related Articles link above]

In a Sept. 29 opinion, Judge Jerome B. Simandle of the U.S. District Court for the District of New Jersey denied Pfizer Inc.'s motion to vacate a previous order in which …