Barr Seeks To Use Mensing As Shield In Accutane MDL

Law360, New York (July 10, 2012, 7:45 PM EDT) -- Barr Laboratories Inc. on Monday argued that failure-to-warn claims from a man diagnosed with inflammatory bowel disease after using generic Accutane are blocked by the U.S. Supreme Court's Pliva Inc. v. Mensing ruling, as it sought to escape multidistrict litigation over the acne drug.

Barr’s motion to dismiss argues that Louisiana resident Alton Herbert’s lawsuit — part of multidistrict litigation involving Accutane's active ingredient, isotretinoin — is doomed under Mensing. That ruling, issued last year, found that because generic drugs must carry the same federally mandated warning...
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