Generics Cos. Haven't Shaken Label Claims Post-Mensing

Law360, New York (July 23, 2013, 8:29 PM EDT) -- Following the landmark Mensing and Bartlett rulings, the biggest threat to a generic-drug maker may be allegations that it failed to update a warning label to match the brand-name version, which some courts, including the Sixth Circuit, have allowed to escape preemption.

The U.S. Supreme Court held that federal law preempts failure-to-warn and design defect claims against generics manufacturers in Mensing and Bartlett, respectively, since it requires that generic drugs' labeling and design match those of their brand-name counterparts. The Mensing decision came in 2011, while...
To view the full article, register now.