U.S. SUPREME COURTNew Jersey Law Journal
Mutual Pharmaceutical Co. Inc. v. Bartlett
PRODUCTS LIABILITY — Design Defect — Failure to Warn — Pre-emption
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.
This premium content is reserved for New Jersey Law Journal subscribers.
Continue reading by getting started with a subscription.
Already a subscriber? Log in now