Pliva v. Mensing: Generic Consumers' Unfortunate Hand
Stacey B. Lee
Johns Hopkins University - Carey Business School (JHU)
Yake Journal of Health Policy, Law, and Ethics, Vol. XII, No. 209, 2012
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
Date posted: October 1, 2012