Judge Rejects Wyeth Preemption Argument in Prempro Suit

NEW BRUNSWICK, N.J. - Allegations that Prempro manufacturer Wyeth Inc. failed to adequately warn patients of breast cancer risks associated with the hormone replacement drug are not preempted by federal law, a New Jersey state court judge has ruled. Deutsch v. Wyeth Inc., No. MID-L-998-06 MT (N.J. Super. Ct., Middlesex Cty.).

Judge Bryan D. Garruto said in his June 22 opinion that he would adopt the recent findings from the Vioxx and Zyprexa dockets and reject Wyeth's contention that Ellen and David Deutsch's state law failure to warn claims are preempted because they conflict with FDA labeling requirements contained in …