Generic Drug Preemption – Good For Consumers?
Filled under All Postings, Recovering Damages on June 23, 2011 - no comments .On June 23, 2011, the United States Supreme Court ruled that lawsuits against generic drug manufacturers are preempted by federal drug regulations which require a generic drug label to match the brand warning label word for word regardless of mounting evidence that a generic drug carries a risk far greater than what is disclosed in the label. The case is Pliva v. Mesing. Writing for the Court, Justice Thomas noted that if Mesing and Demahy
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