Pliva v. Mensing: Generic Consumers' Unfortunate Hand

55 Pages Posted: 1 Oct 2012  

Stacey B. Lee

Johns Hopkins University - Carey Business School

Date Written: 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.

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: https://ssrn.com/abstract=2155403

Stacey B. Lee (Contact Author)

Johns Hopkins University - Carey Business School ( email )

100 International Drive
Baltimore, MD 21202
United States

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