Impax Loses Bid To Toss MDL Over Generic Wellbutrin

Law360, New York (May 27, 2010, 11:23 AM EDT) -- Finding that the U.S. Supreme Court's ruling against preemption in Wyeth v. Levine also applies to cases involving generics, a federal judge has refused to dismiss multidistrict litigation claiming Impax Laboratories Inc.'s generic version of the antidepressant Wellbutrin XL is less effective and more dangerous than the brand-name pill.

Judge Berle M. Schiller of the U.S. District Court for the Eastern District of Pennsylvania on Wednesday filed an order denying Impax and co-defendant Teva Pharmaceuticals USA Inc.'s motion for dismissal, writing, “the Supreme Court in Levine...
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