Federal Preemption Developments Since PLIVA V. Mensing
April 2, 2012, 12:27 PM EDT
Law360, New York (April 2, 2012, 12:27 PM EDT) -- Over the last eight months, a number of courts have been called upon to interpret and apply the United States Supreme Court’s June 2011 holding in PLIVA Inc. v. Mensing that federal preemption bars failure-to-warn claims against a generic drug manufacturer whose labeling mirrors the U.S. Food and Drug Administration (FDA)-approved labeling for the brand-name counterpart of the generic product.
While the law on the scope of Mensing will no doubt continue to evolve, three themes have emerged in the decisions to date.
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