Third Circuit Upholds Implied Preemption of State Law Failure-to-Warn Claims Against SSRI Manufacturers

April 01, 2008
In Colacicco v. Apotex, Inc., the U.S. Court of Appeals for the Third Circuit impliedly preempted state court failure to warn claims in pharmaceutical product liability litigation involving SSRIs. This critical ruling adds precedent in advance of the U.S. Supreme Court’s fall hearing of Wyeth v. Levine, a much-anticipated case involving implied preemption and prescription drug warnings. This update analyzes the Colacicco ruling, its limitations and the guidance it affords prescription drug manufacturers on implied preemption of state law claims.