Fosamax Failure-To-Warn Claims Preempted, MDL Judge Rules

TRENTON, N.J. — A New Jersey federal judge has ruled that state law failure-to-warn claims asserted in the Fosamax multidistrict litigation are preempted by federal law because the Food and Drug Administration rejected Merck’s proposed warning regarding bone fracture risks.

In a March 23 order, Judge of the U.S. District Court for the District of New Jersey explained that Merck proposed adding a “Low-Energy Femoral Shaft Fracture” warning to the “Precautions” section of the osteoporosis drug’s label, but the FDA remained unconvinced of a causal relationship between atypical femoral fractures and bisphosphonate drugs like Fosamax.

In the MDL, plaintiffs alleged …