Stage-Setting For Circ Split: Generic Drug Preemption?
Law360 ( March 25, 2010, 12:29 PM EDT) -- Two separate United States Courts of Appeal recently rejected arguments by generic drug manufacturers that they should be treated differently from name-brand manufacturers under the Food, Drug and Cosmetic Act by ruling that the FDCA does not preempt plaintiffs' state law failure-to-warn claims against generic manufacturers based on the alleged inadequacy of generic drug labels....
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