The US Supreme Court is asking for the Obama Administration’s views on whether a generic drug company can face state-based, failure-to-warn claims for product labelling that mirrors the reference listed drug1.
The court’s 24 May request that the solicitor general file briefs in two related cases – Pliva v Mensing and Actavis Elizabeth v Mensing – signals that justices are considering whether the anti-pre-emption approach applied in the landmark Wyeth v Levine decision last year2 should extend to the context of generic drug labelling...
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