U.S. SUPREME COURT

Mutual Pharmaceutical Co. Inc. v. Bartlett

PRODUCTS LIABILITY — Design Defect — Failure to Warn — Pre-emption

New Jersey Law Journal

   | 0 Comments

State-law design-defect claims that turn on the adequacy of a drug's warnings are pre-empted by federal law under PLIVA Inc. v. Mensing, which held that failure-to-warn claims against generic manufacturers are pre-empted by the FDCA's prohibition on changes to generic drug labels.

What's being said

Comments are not moderated. To report offensive comments, click here.

Preparing comment abuse report for Article #1202608745293

Thank you!

This article's comments will be reviewed.