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9th Circuit: Failure-To-Warn Claim For Nonprescription Drugs Is Not Preempted

SAN FRANCISCO -- A mother's failure-to-warn claim against a manufacturer of generic ibuprofen is not preempted under the U.S. Supreme Court's prescription drug preemption ruling in Wyeth v. Diana Levine , a panel of the Ninth Circuit U.S. Court of Appeals ruled Jan. 24 ( Margarita Gaeta,...

Split Supreme Court Says Generic Drug Warning Claims Are Preempted

WASHINGTON, D.C. - (Mealey's) State tort law failure-to-warn claims involving the generic drug metoclopramide are preempted by federal law, the U.S. Supreme Court said June 23 in a 5-4 ruling ( Pliva, Inc., et al. v. Gladys Mensing , No. 09-993, Actavis Elizabeth LLC v. Gladys Mensing , No. 09-1039...