This section contains the nature of the case and procedural background.

The ingestion of the drug Bendectin caused multiple birth defects during pregnancy. A number of foreign nationals filed a state action in Ohio. The allegations in the complaint stated that the drug was misbranded. This was in violation of a federal act (Federal Food, Drug, and Cosmetic Act). The five other causes of action involved state law. Merrell Dow Pharmaceuticals, Inc. (D) removed the action to federal district court alleging that the action was founded in part on an alleged claim arising under the laws of the United States because of the alleged violation claimed by P of the Federal Food, Drug, and Cosmetic Act. The district court granted the petition for removal and denied a petition to remand back to state court filed by P. The federal court then dismissed the action on D’s motion on grounds of forum non-conveniens. The Sixth Circuit reversed the lower court holding because Congress did not intend that a private right of action would be created by violation of the Federal Food, Drug, and Cosmetic Act and thus P’s actions did not depend on a question of federal law. The case was remanded to state court. The Supreme Court granted review.

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