Sixth Circuit Rules Generic Drug Claims Preempted Under U.S. Supreme Court Precedent

The Sixth Circuit has ruled that state-law tort claims against generic drugmakers are federally pre-empted, according to Squire Sanders' Sixth Circuit blog. The Sixth Circuit majority cited Supreme Court precedent: PLIVA, Inc. v. Mensing and Mutual Pharmaceutical Co. v. Bartlett.  The majority also "reads those cases as broadly holding that state law failure-to-warn claims based on generic drugs are preempted by the FDA’s requirement that the labels on generic drugs conform to the labels on the brand-name drugs," according to the blog.