FDA Generic Labeling Reg Could Fuel Suits Against Brands As Well

Proposed rule’s 30-day deadline for adoption of a generic’s approved label change could set standard for following brand’s revision; brands could be sued for picking one generic label change over another.

Lawyers predict that FDA’s proposed rule to enable generic manufacturers to unilaterally change their labeling to include new safety information will give the plaintiffs bar a weapon to pursue new claims against both generic and brand name companies.

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