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Merck Sharp & Dohme Corporation v. Albrecht

Pending petition

Docket No. Op. Below Argument Opinion Vote Author Term
24-977 3rd Cir. TBD TBD TBD TBD TBD

Issue: Whether, if a pharmaceutical manufacturer fully informs the Food & Drug Administration of all material information bearing on a drug’s potential risk and seeks approval to warn of that risk on the label, but the FDA formally denies the request without mandating any alternative warning, the manufacturer may nonetheless be held liable under state law for failure to warn of that risk.