Supreme Court agreed to hear generic medicine labeling cases

On December 10, 2010, the US Supreme Court granted certiorari [PDF] in three cases involving the duty of generic drug manufacturers to supply side effect warnings on labels. The Court consolidated three cases, all involving a neurological side effect stemming from the use of the gastric reflux medicine metoclopramide. The decision to hear the cases followed the Court's 2009 decision in Wyeth v. Levine, which determined that states, under individual products liability laws, may require additional label warnings above and beyond those required by the federal government. The Court ruled in Pliva, Inc. v. Mensing, the consolidated case, that federal law preempts in generic drug cases.



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