Supreme Court of New Jersey
Robert Rowe, Plaintiff-Respondent v. Hoffman-La Roche, Inc., and Roche Laboratories, a Member of the Roche Group…
March 29, 2007189 N.J. 615
Summary
The Supreme Court of New Jersey held that Michigan’s conclusive presumption of adequacy for FDA‑approved drug warnings outweighs New Jersey’s rebuttable presumption, and therefore reversed the Appellate Division and remanded for reinstatement of the trial court’s dismissal of Rowe’s failure‑to‑warn claim. Justice Stern dissented, arguing that New Jersey’s interest in deterring unsafe products should prevail.