A Bitter Pill For Brand Names?

Law360, New York (July 1, 2011, 12:36 PM EDT) -- With its recent ruling in PLIVA Inc. v. Mensing,[1] the U.S. Supreme Court certainly gave generic prescription drug manufacturers plenty to celebrate. The 5-4 decision concluded that federal law preempts inadequate warning claims where the plaintiff asserts that a generic drug manufacturer should have either unilaterally changed its warning labels or asked the U.S. Food and Drug Administration to step in and require better warnings for the product.

The ruling was a bit of a surprise, given that both of the federal Courts of Appeals decisions...
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