Actos - Conflict Preemption: Would FDA Reject the Warning? //Drug and Device Law:

The defense lawyers at Drug and Device Law blog are distressed the the Actos MDL District Court judge has denied defendnat's motion for summery judgement.  Relyin on Wyeth v. Levine (U.S. 2009) the judge found that the defendant had neither proposed a stronger warning, nor had the FDA actually rejected a stronger warning.  Thus the claims of plaintiffs were not preempted by federal regulatory action. 
The drug, prescribed for diabetics, has been linked to cases of bladder cancer by the FDA.  One verdict has already been returned for a plaintiff in Los Angeles.
- GWC
Drug and Device Law: Conflict Preemption: Would FDA Reject the Warning?:
 See In re Actos (Pioglitazone) Prods. Liab. Litig., No. 6:11-md-2299, 2014 U.S. Dist. LEXIS 1749 (W.D. La. Jan. 7, 2014).



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