Merck Maintains FDA is Owed Deference Concerning Vioxx Label

NEW ORLEANS - Supreme Court case law supports the contention that a federal agency such as the FDA can promulgate regulations that preempt state law, Merck & Co. Inc. has asserted in support of its motion to dismiss two federal Vioxx MDL plaintiffs' state law failure-to-warn claims. In Re: Vioxx Products Liability Litigation, MDL No. 1657; Arnold v. Merck & Co. Inc., No. 05-2627; Gomez v. Merck & Co. Inc., No. 05-1163 (E.D. La.).

In a June 15 brief filed in the U.S. District Court for the Eastern District of Louisiana, Merck specifically noted the Supreme Court's holding in Bates …