Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. Thompson

92 L. Ed. 2d 650 · Supreme Court of the United States · 1986

Facts

Residents of Canada and Scotland sued Merrell Dow in Ohio state court, alleging their children's birth defects were caused by Bendectin. Their complaint included common-law claims and a claim that Bendectin was misbranded in violation of the FDCA, which they argued constituted a rebuttable presumption of negligence and proximate cause under state law. Merrell Dow removed the case to federal court, asserting federal question jurisdiction based on the FDCA claim.

Issue

Does a state-law private action, which incorporates a federal standard as an element, "arise under" federal law for purposes of federal question jurisdiction when Congress intended no private federal action for violations of that federal standard?

Holding

No. A complaint alleging a violation of a federal statute as an element of a state cause of action does not state a claim "arising under" federal law when Congress has determined there should be no private federal cause of action for that violation.

Rule

Federal question jurisdiction under 28 U.S.C. § 1331 requires either that federal law creates the cause of action or that a state-law claim necessarily depends on a substantial question of federal law. However, if Congress intended to preclude a private federal remedy for a federal statutory violation, the presence of that federal violation as an element of a state cause of action is not sufficiently "substantial" to confer federal question jurisdiction.

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Case brief last reviewed 2026-03-04. Prepared by CaseReader from the published opinion.