Another Court Rules Against Preemption in Generic Drug Case

Last week, the U.S. District Court for the District of New Hampshire ruled that various state law tort claims brought against generic drug manufacturer Mutual Pharmaceutical Company, Inc. are not preempted by FDC Act. The decision is the latest in a string of cases in which courts have ruled that state law tort claims alleging the defective labeling of generic drugs are not preempted. The case is called Bartlett v. Mutual Pharma. Co. and it is available here. For more on the story including a list of all the recent cases on the subject go to the FDA Law Blog.