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Mutual Pharmaceutical Co., Inc. v. Bartlett, 12-142

State-law design-defect claims that turn on the adequacy of a drug's warnings are pre-empted by federal law under PLIVA. Inc. v. Mensing, which held that failure-to-warn claims against generic manufacturers are pre-empted by the Federal Food, Drug, and Cosmetic Act's prohibition on changes to generic drug labels.

Appellate Information

  • Decided 06/24/2013
  • Published 06/24/2013

Judges

  • ALITO

Court

  • United States Supreme Court

Counsel