The US Supreme Court ruled Monday for Merck, Sharp & Dohme that federal preemption of drug warnings is a question for judges.
Merck, Sharp & Dohme manufactures the drug Fosamax to treat and prevent osteoporosis in older women. The drug has had a Food and Drug Administration (FDA) label approved since 1995, but the label has only included warnings about femoral fractures since 2010. The Respondents are 500 individuals claiming that under state law, Merck, Sharp & Dohme had a duty to warn them of potential femoral fractures.
