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# WLF Asks Court to Uphold Labeling Preemption
- URL: https://www.fdaweb.com/wlf-asks-court-to-uphold-labeling-preemption/
- Published: 2021-10-26T12:00:00.000Z
- Updated: 2026-09-14T17:20:15.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5150438

Washington Legal Foundation (WLF) has asked the 9th Circuit Court of Appeals to affirm a lower court ruling that federal law preempts the plaintiffs’ state law failure-to-warn claim because it was impossible for the drug’s manufacturer to change the drug’s label under federal law. *Adams v. Merck Sharp & Dohme Corp*. is multi-district litigation (MDL) combining lawsuits by users of incretin-based therapies for Type 2 diabetes. WLF says Novo Nordisk manufactures and markets Victoza (liraglutide) and plaintiffs complained that Victoza’s FDA-approved labeling failed to warn of an increased risk of pancreatic cancer.

In its *amicus* brief, WLF says the lower MDL court correctly held that the agency’s changes-being-effected regulation allows a manufacturer to change its labeling only when it possesses some newly acquired information. It says in this case no such new information exists and thus the state law claims are preempted.

The WLF brief also argues that the decision should be affirmed because the plaintiffs offered no reliable evidence to establish general causation.