Plaintiffs Say Supreme Court Won't Tolerate FDA's Preemption Stance

NEW ORLEANS - Plaintiffs in the federal Vioxx MDL say recent Supreme Court rulings and activity in the U.S. Senate support their contention that the FDA's position favoring preemption of state law failure to warn claims is not tenable. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

In a May 23 brief filed in support of plaintiffs' opposition to Merck & Co. Inc.'s motion for summary judgment in two MDL cases, the Plaintiffs' Steering Committee says that case law contrasts with Merck's claim that the FDA's preamble to its revised labeling regulations is entitled to controlling deference.