FDA Pre-emption Halts Suit Over Anti-Depressant

The widower of a woman who committed suicide after taking a generic version of the anti-depressant drug Paxil may not pursue product liability claims premised on an alleged failure to warn of suicide risks because the FDA strictly controls the content of such warnings and did not demand it at the time, a Pennsylvania federal judge has ruled. Judge Michael M. Baylson found that the plaintiff's state tort law claims are pre-empted by the federal Food, Drug & Cosmetic Act.

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