Constitutional Law,
U.S. Supreme Court
Jul. 17, 2013
Between a rock and zero liability
Since generic drugs are regulated by the Food and Drug Act, the U.S. high court has ruled that design defect and failure to warn suits are both preempted by federal law.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
Amidst the flurry of end of term decisions in late June, one which may have been overlooked has a frightening message that can affect all of us: think carefully before you take generic drugs. In Mutual Pharmaceuticals Co., Inc. v. Bartlett, 133 S.Ct. 2466 (2013), the court held that makers of generic drugs cannot be sued for design defects. This follows the court's decision two years ago in Pliva v. Mensing, 131 S.Ct. 2567 (2011), which held that generic drug ma...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In