Judge: Lack of Remedy in FDCA Precludes Preemption of Paxil Claim

PHILADELPHIA - A state court judge has relied on Congress' decision not to include a federal remedy for failure-to-warn in the Food, Drug & Cosmetic Act as reason for refusing to find that similar state law claims brought by a Paxil plaintiff are preempted by federal law. Collins, et al. v. SmithKline Beecham Corp., February Term, 2007-0762 No. 094007 (Pa. Comm. Pls., Philadelphia Cty.).

Philadelphia Common Pleas Court Judge Allan L. Tereshko ruled March 11 that Congress specifically rejected a federal cause of action for inadequate labeling when, in crafting the FDCA, it stated on the record that the federal …