Posted On:
April 9, 2008
Findlaw: Colacicco v. Apotex Inc.
FDA Authority Preempts State Tort Suits Over Antidepressant Drug Warnings
(U.S. 3rd Cir., April 8, 2008) - In state-law tort actions brought in federal court against drug manufacturers of Paxil and Zoloft -- antidepressants known as selective serotonin reuptake inhibitors ("SRRIs") -- based on a theory that the drugs' labeling failed to warn the risk of increased suicidal tendencies, a federal appeals court finds that the underlying state law claims are preempted by, the FDA's regulatory actions under the Federal Food, Drug, and Cosmetic Act. Both cases were dismissed.
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