Looking For Loopholes In PLIVA V. Mensing

Law360, New York (November 21, 2011, 3:13 PM EST) -- In PLIVA Inc. v. Mensing, 131 S.Ct. 2567 (June 23, 2011), the United States Supreme Court held that state-law tort claims against generic drug manufacturers based on insufficiently strong product warnings are preempted by federal law. This article discusses subsequent plaintiff efforts to find loopholes to Mensing.

Mensing Overview

Under the Hatch Waxman Amendments to the Federal Food, Drug and Cosmetic Act[1], generic drugs can gain U.S. Food and Drug Administration approval if it is shown that they are equivalent to a “reference listed drug,” i.e.,...
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