The US Supreme Court seems likely to rule for Merck & Co. Inc. in a case addressing whether FDA rejection of a manufacturer's proposed label warning preempts state-law tort suits claiming the manufacturer failed to adequately warn of the product's risks.
During Jan. 7 oral argument in Merck Sharp & Dohme Corp. v. Albrecht, Chief Justice John Roberts Jr. and Justices Neil Gorsuch, Samuel Alito Jr., and Stephen Breyer appeared sympathetic to Merck, while Justices Elena Kagan and Sonia Sotomayor questioned whether the company's proposed warning for Fosamax (alendronic) focused on the right risk. Justice Brett Kavanaugh asked only one question and Justice Clarence Thomas did not ask any
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