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Merck Sharp & Dohme Corporation v. Albrecht

Certiorari Denied

Petition for certiorari denied on June 16, 2025.

Docket No.24-977

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.

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