In a significant victory for drug manufacturers, the 3rd Circuit has ruled that the makers of Paxil and Zoloft cannot be sued for failing to warn of a risk of suicide because the Food and Drug Administration has explicitly refused to order such warnings. Voting 2-1 in a pair of cases where the lower courts issued conflicting rulings, the 3rd Circuit found that such lawsuits must be pre-empted because they directly conflict with action already taken by the FDA.
Suicide Warning Suits Pre-Empted; Makers of Paxil, Zoloft Win
The Legal Intelligencer
April 9, 2008