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August 2011 Archives

The Search for Liability: Generic Drugs, SCOTUS and The FDA

Last June, the Supreme Court of the United States made a loud statement concerning drug liability and generic drug manufacturing. Even before the decision of Mutual Pharmaceutical Co. v. Bartlett,the policy of liability concerning generic drug liability was ambiguous and under constant attack. In 2011, the Supreme Court decided the case of Pliva v. Mensing, where the court ruled that generic drug manufactures cannot be held liable for the failure to warn of any dangers concerning a particular drug because of the current FDA policy on labeling. Said policy states that generic drug manufacturers are not only not required but legally restricted from altering the identical label of a drug from its brand name counterpart.