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Supreme Court Rules In Favor of Generic Drug Manufacturers

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The Supreme Court has ruled that generic drug companies cannot be sued under state law over allegations of failing to provide adequate label warnings about potential side effects, Reuters reported. This ruling overturns U.S. appeals court rulings that allowed this type of lawsuit.

Justice Clarence Thomas agreed with generic drug manufacturers  Teva Pharmaceutical Industries Ltd, Mylan Inc’s UDL Laboratories and Actavis Inc arguments that federal law barred these lawsuits on the grounds that the drug is approved by the Food and Drug Administration, and federal law requires generics to have the same labels as their brand name equivalents.

This ruling could have possibly devastating effects on drug lawsuits filed across the nation regarding the generic versions of drugs like Darvocet and Accutane.

The Washington Post reported that the court disagreed over the ruling, with Justice Sonia Sotomayer writing “As a result of today’s decision, whether a consumer harmed by inadequate warnings can obtain relief turns solely on the happenstance of whether her pharmacist filled her prescription with a brand-name or generic drug….The court gets one thing right: This outcome ‘makes little sense.’ ” disclaimer: This article: Supreme Court Rules In Favor of Generic Drug Manufacturers was posted on Friday, June 24th, 2011 at 7:56 pm at and is filed under Defective Drug Lawsuits.

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