Federal Preemption For Generic OTC Drugs?

Law360, New York (November 8, 2011, 1:37 PM EST) -- During its Oct. 28, 2011, conference, the U.S. Supreme Court remanded to the Ninth Circuit Court of Appeals its ruling denying federal preemption to a generic manufacturer of ibuprofen to be reassessed in light of the court’s Mensing decision last term.

The remand potentially presents an opportunity for the Supreme Court to consider the scope of federal preemption in the context of over-the-counter medications.

The claims in L. Perrigo Co. v. Augustine Gaeta arose from serious injuries, including the necessity of a liver transplant, sustained by...
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