The Supreme Court denies Johnson & Johnson’s writ of certiorari seeking a review of a $140m judgment against the firm in Massachusetts awarded as damages in litigation about Children's Motrin. The court's Jan. 19 order notes only that the firm’s petition for review by the court was denied and that Justice Samuel Alito did not participate in the decision. The firm asked the Supreme Court in its petition filed Oct. 8 to clarify “clear evidence” of FDA intent in drug label approvals after the Massachusetts state supreme court in April upheld a ruling that J&J could not claim that FDA regulatory history pre-empted the firm's ability to warn about toxic epidermal necrolysis and Steven-Johnson Syndrome. J&J argued that the Massachusetts court decision ran counter to the 2009 Supreme Court ruling in Wyeth v. Levin holding that FDA approval does not shield a drug manufacturer from liability, but a manufacturer cannot be held liable for failing to include a label warning without “clear evidence” that FDA would have approved Also see "J&J Petitions Supreme Court On Pre-emption, ‘Clear Evidence’ In OTC Litigation" - Pink Sheet, 30 November, 2015..
Procter & Gamble Co. also petitioned the Supreme Court to consider a decision on litigation in the consumer health space. The court through Jan. 22 had not announced whether it will accept P&G's writ filed Dec