Article on Supreme Court's Decision in PLIVA v. Mensing

In PLIVA v. Mensing, 131 S. Ct. 2567 (2011), the Supreme Court held that FDA regulations governing the labeling of prescription drugs preempt state-law failure-to-warn claims against generic drug manufacturers -- meaning that people harmed by mislabled generic drugs cannot recover damages against their manfacturers under state law. Just a couple years earlier, in Wyeth v. Levine, 555 U.S. 555 (2008), the Supreme Court held that the same kind of suit against manufacturers of brand-name prescription drugs is not preempted by federal law. Along with Dena Feldman, I just wrote this article on PLIVA and its implications. The article is published at 39 Prod. Safety & Liab. Rptr. (BNA) 972 (Sept. 5, 2011), and 26 Toxics Law Rptr. (BNA) 1062 (Sept. 8, 2011).