Merrell Dow Pharmaceuticals v. Thompson

Canadian and Scottish families (defendants below, respondents here) sued Merrell Dow Pharmaceuticals (plaintiff/petitioner) in Ohio state court, alleging their children were born with deformities because their mothers took Merrell Dow's drug Bendectin during pregnancy. Five counts relied on common-law state theories, and a sixth alleged the drug was misbranded and lacked a required warning under the Federal Food, Drug, and Cosmetic Act (FDCA) — a statute with no private cause of action. Merrell Dow removed the case to federal court under federal-question jurisdiction; the district court denied a motion to remand, holding the FDCA-based count arose under federal law. The Sixth Circuit reversed.