U.S. high court considers generic-drug liability case

03/20/2013 | Reuters · Wall Street Journal, The

The Supreme Court heard arguments on Tuesday in a case involving Mutual Pharmaceutical, considering whether generic-drug makers can be held liable under state law for alleged flaws in the designs of drugs. Justices questioned if the federal Food, Drug, and Cosmetic Act, the federal mandate that requires generics to have the same design as the brand-name version, inhibits plaintiffs from making such claims under state law. Federal law surpasses state law claims as the drug has already obtained approval from the FDA, Mutual argued. A decision is anticipated by the end of June.

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