Perspective
Sep. 8, 2011
Generic drug ruling may be against interests of safety
Pre-emption of state law failure-to-warn claims for prescription drugs may carry hidden consequences. By Shawn Khorrami and Alison Wilson of Khorrami Pollard & Abir LLP
On June 23, the U.S. Supreme Court issued its decision in Pliva Inc. v. Mensing, 2011 DJDAR 9237 (June 23, 2011). Pliva held that the Hatch-Waxman Amendments to the federal Food, Drug and Cosmetic Act pre-empt state law failure-to-warn claims brought against generic drug manufacturers. In a 5-4 decision, the justices ruled that the federal drug regulations requiring generic pharmaceutical manufactures to use the s...
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