Mutual Pharmaceutical Co. Inc. v. Bartlett

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

New Jersey Law Journal


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.

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