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Post-Mensing Blues: Generic Mfrs. Still Face Product Liability Claims

 
• By Brenda Sandburg

While the Supreme Court’s ruling last year found that failure-to-warn claims against generic manufacturers are preempted by federal law, some courts have refused to dismiss all claims.

Generic manufacturers breathed a collective sigh of relief when the Supreme Court ruled last year that they cannot be held liable for inadequate label warnings. However, they are not completely free from litigation as courts have issued conflicting decisions as to whether they can be sued on other grounds.

In Pliva v. Mensing, the high court said that FDA regulations requiring generic drugs to have the same labels as corresponding brand name drugs preempt claims that the manufacturer violated state laws requiring them to adequately and safely label their products Also see "Generic Firms Get Supreme Shield From Product Liability, But Court Hints At Reg Change" - Pink Sheet, 23 June, 2011.

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