On June 23, 2011, in a 5 to 4 decision, the U.S. Supreme Court in Pliva, Inc. v. Mensing, ---S.Ct. ----, handed a significant victory to generic drug manufacturers by ruling that federal law preempts state-law tort claims alleging inadequate warning labels on generic drugs.  The decision narrows the reach of a 2009 opinion in Wyeth v. Levine, 555 U.S. 555, 129 S.Ct. 1187, 173 L.Ed.2d 51, that had permitted state tort actions for alleged inadequate warnings to survive as to brand-name drug manufacturers (view opinion).

For additional information, please click HERE to view an article on this important opinion. If you have any questions, please contact me, or alternatively, Wendi Frisch, or any Morris Polich & Purdy LLP attorney in the Life Sciences Practice Area.

Matthew L. Marshall
Chairperson, Products Liability Practice Group
213.417.5106
mmarshall@mpplaw.com

Morris Polich & Purdy LLP
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