Generic-Drug Companies And Federal Preemption

Law360 (October 8, 2008, 12:00 AM EDT) -- Three recent district court decisions — from Minnesota, California and Florida — have created a division in the federal courts on whether products liability claims against generic pharmaceutical manufacturers are preempted by federal law.

In Mensing v. Wyeth Inc., Judge Donovan W. Frank of the U.S. District Court for the District of Minnesota found that the plaintiff's failure-to-warn claims involving generic versions of Reglan, which treats certain gastrointestinal disorders, were barred because generic-drug manufacturers are required by the Hatch-Waxman Act to use the same labeling as...
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