Generic Drug Labeling Claims Not Preempted By Mensing

By Scott Flaherty (June 14, 2013, 8:27 PM EDT) -- A California appeals court Thursday allowed a woman's suit to move forward alleging that Teva Pharmaceuticals USA Inc. and others failed to warn of potential safety issues with a generic osteoporosis drug, finding her claims were not preempted by the U.S. Supreme Court's Mensing decision.

The California Court of Appeal for the Fourth Appellate District ruled that federal law did not preempt claims made by Olga Pickerie against several makers of a generic form of the osteoporosis drug Fosamax. Pickerie alleges that taking the drug caused her to break her thigh bone and that the generic makers failed to update their...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!