High Court Snub To Teva Labeling Case Puts Focus On FDA

By Sindhu Sundar (January 20, 2015, 9:45 PM EST) -- The U.S. Supreme Court's decision Tuesday not to review a challenge by generics makers including Teva Pharmaceuticals USA Inc. to failure-to-update labeling claims effectively puts the future of such suits in the hands of the U.S. Food and Drug Administration, which is considering a plan to allow generics makers to update labels, attorneys say.

The high court denied a certiorari petition by Teva, which had urged it to review an interlocutory decision by the California Court of Appeal that plaintiff Olga Pickerie's state law failure-to-update claims were not preempted by federal regulation. The denial followed an amicus brief filed in the...

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