Bartlett's Benefits Will Extend Beyond Generic-Drug Makers

Law360, New York (June 27, 2013, 8:24 PM EDT) -- In a landmark ruling Monday, the U.S. Supreme Court may have immunized not only generic-drug makers but makers of any federally approved products, from medical devices to pesticides, against allegations they should have stopped selling dangerous products in the face of conflicting state and federal law.

A 5-4 majority of the court held that the Federal Food, Drug and Cosmetic Act preempts state law design defect claims against generic-drug makers. The court rejected plaintiff Karen Bartlett's contention that under the so-called stop-selling theory, Mutual Pharmaceutical Co....
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