FDA Week - 05/24/2019

SCOTUS Punts Merck Case, Asks District Judges To Decide Preemption

By Beth Wang / May 20, 2019 at 6:45 PM
The Supreme Court punted back to the lower court the Merck Sharp & Dohme Corp. v. Albrecht case, which focuses on whether Fosamax maker Merck should be held liable for injury to consumers even though FDA rejected the company’s proposal to include warnings on its drug label. The Supreme Court unanimously agreed that judges, not juries, are better suited to understand and interpret agency decisions and decide on preemption questions. Despite the unanimous consent among the justices, Associate Justice...


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