FDA Could Make Generics Liable Amid Push To Undo Mensing

Law360, New York (March 28, 2012, 8:04 PM EDT) -- Recent public outcry over the U.S. Supreme Court's decision in Pliva v. Mensing to shield generic-drug makers from product liability suits could push the U.S. Food and Drug Administration to enact regulations that would make them liable for failure-to-warn claims, experts say.

On Monday, Sen. Patrick Leahy, D-Vt., promised legislation that would counteract Mensing, joining public interest groups in criticizing the June ruling that federal law preempts state failure-to-warn claims against generics companies as one that creates a "two-track system" that punishes consumers who take generic drugs.

While Leahy's bill...
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