Abstract

http://ssrn.com/abstract=2155403
 


 



Pliva v. Mensing: Generic Consumers' Unfortunate Hand


Stacey B. Lee


Johns Hopkins University - Carey Business School

2012

Yake Journal of Health Policy, Law, and Ethics, Vol. XII, No. 209, 2012

Abstract:     
The United States Supreme Court held in PLIVA v. Mensing that federal preemption immunizes generic drug manufacturers from liability for state law failure-to-warn claims. As a result, consumers harmed by a mislabeled generic drug will be unable to bring actions against generic manufacturers under state law. The Court confessed that the resulting federal drug-labeling scheme dealt consumers an “unfortunate hand.” By removing generic manufacturers’ duty to improve the adequacy of their products’ warning labels, the Supreme Court calls into question the safety of generic drugs.

Number of Pages in PDF File: 55

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Date posted: October 1, 2012  

Suggested Citation

Lee, Stacey B., Pliva v. Mensing: Generic Consumers' Unfortunate Hand (2012). Yake Journal of Health Policy, Law, and Ethics, Vol. XII, No. 209, 2012. Available at SSRN: http://ssrn.com/abstract=2155403

Contact Information

Stacey B. Lee (Contact Author)
Johns Hopkins University - Carey Business School ( email )
100 International Drive
Baltimore, MD 21202
United States
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