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...

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