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Home / News / Guest Articles / A drug by any other name? Supreme Court considers if generic drug suits are federally preempted (access required)

A drug by any other name? Supreme Court considers if generic drug suits are federally preempted (access required)

Two years after the U.S. Supreme Court ruled in Wyeth v. Levine that state law failure-to-warn claims against brand-name drug makers are not automatically preempted by federal law, the justices are considering whether that same rule applies to generic drug makers. The plaintiffs in PLIVA. v. Mensing and consolidated cases allege that the makers of the drug metoclopramide, the generic version of the diabetes drug Reglan, should have amended its label to include stronger warnings of the risk of tardive dyskinesia, a severe neurological movement disorder.

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