Supreme Court hears Merck label preemption case

Merck & Co. Inc. (NYSE:MRK) received support during oral arguments Monday from at least four Supreme Court justices regarding its position that FDA’s rejection of a proposed warning about the company’s Fosamax alendronate precludes failure-to-warn suits filed in state courts. Two justices, however, suggested that Merck may have muddied the waters by requesting that FDA approve a scientifically inaccurate warning.