California Court of Appeal

In action in which plaintiff alleged that she suffered injuries as a result of ingesting a brand-name drug and its generic equivalents, defendant's petition for a writ of mandate is denied, where: 1) a state cannot require a generic drug manufacturer to provide information on its label in addition to information required on the brand-name drug's label, as that would make it impossible for the generic drug manufacturer to comply with both its duty under federal law to match the brand-name label and any claimed duty under state law to do more; 2) but here, plaintiff alleges that the generic drug labels did not match the brand-name drug label; and thus consequently, 3) plaintiff's claims in this regard are not preempted by federal law.

Appellate Information

• Decided 06/13/2013
• Published 06/13/2013

Judges

• FYBEL

Court

• California Court of Appeal

Counsel