Warning Claims in Propecia Suicide Case Preempted, N.Y. Federal Judge Rules

NEW YORK — A New York federal judge has awarded Merck partial summary judgment on claims that it failed to warn that its hair-loss drug Propecia can cause depression and suicidality, finding they are preempted by federal law.

In a Sept. 8 order, Judge Brian M. Cogan of the U.S. District Court for the Eastern District of New York ruled that Merck did not have “newly acquired evidence” warranting a change to the label via the Changes Being Effected process before the decedent stopped using the drug.

John Pfaff was prescribed Propecia (finasteride) in May 2008 for hair loss and …