Generic-Drug Labels Must Provide Warnings: 8th Circ.

By Nick Malinowski

Law360, New York (November 30, 2009, 1:50 PM ET) -- The U.S. Court of Appeals for the Eighth Circuit has determined that generics manufacturers have a responsibility to provide adequate warnings on the labels of their drugs, in the first federal preemption case of this kind to be ruled on at the appellate level.

The three-judge panel found on Friday that federal laws do not preclude generic products from wearing different labels than their brand-name counterparts, reversing an earlier decision by the U.S. District Court for the District of Minnesota. In its opinion, the appeals court...
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