How A Trump Administration Might Affect Product Liability

Law360, New York (November 15, 2016, 4:48 PM EST) -- In the article below, we set aside musings about larger political issues, and limit ourselves to consideration of the drug and medical device product liability space under the new presidential administration.

FDA's Anti-Generic Drug Preemption Proposal 

First, it is our belief that under a Trump administration, the U.S. Food and Drug Administration's (FDA) proposed — and oft-postponed — final rule, the one that seeks to abolish generic preemption by enacting regulations that likely violate the Federal Food, Drug, and Cosmetic Act's (FDCA) “sameness” requirement for generic drugs, is kaput.

When we learned earlier this year that the FDA had postponed the...

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