The National Association of Attorneys General (NAAG) has issued a notice in support of the, “Patient Safety and Generic Labeling Improvement Act” (S.2295), legislation. The bill, which is currently in the Senate, would overturn the controversial 2011 U.S. Supreme Court decision in PLIVA, Inc. v Mensing, which found that generic drug manufacturers cannot be held liable for failing to warn consumers and physicians about dangerous side effects of a drug, as only their brand name counterparts can independently change labels.
Currently, consumers who use generic drugs are not protected by state laws from inadequate warnings, even though those who receive brand name drugs are. Currently more than 70 percent of all prescriptions filled in the United States are for generic drugs. According to the May 11 NAAG letter, which was signed by 41 territorial and state Attorneys General, “…Congress can readily cure this problem by amending federal law.”