Merck Sharp & Dohme Corp. v. Albrecht

U.S. Supreme Court

Question(s) Presented

Is a state-law failure-to-warn claim preempted when the FDA rejected the drug manufacturer’s proposal to warn about the risk after being provided with the relevant scientific data; or must such a case go to a jury for conjecture as to why the FDA rejected the proposed warning?

Tab Group

Case Documents

Petition

Merits