Judge Says FDA Authority Preempts Celebrex Failure-to-Warn Claims

SAN FRANCISCO - The judge overseeing the federal Bextra/Celebrex MDL has dismissed as preempted purchaser plaintiffs' failure-to-warn claims against Pfizer Inc. concerning the cardiovascular risks of Celebrex, finding that the claims conflict with the FDA's determination of what warnings are substantiated by the scientific evidence. In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL No. 1699 (N.D. Calif.).

In the same Aug. 16 order, Judge Charles R. Breyer of the U.S. District Court for the Northern District of California denied Pfizer's motion to dismiss plaintiffs' false advertising claims on conflict preemption grounds. The judge stated that …