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Torts Keyed to Goldberg
Pliva, Inc. v. Mensing
Citation:
131 S. Ct. 2567 (2011)Facts
The FDA approved a drug, and it was sold under both a brand name and a generic name. Plaintiffs took the generic version in 2001 and 2002, but in subsequent years the FDA required that the warning label be updated to reflect new scientific information regarding the potential harm of the drug. The plaintiffs sustained injuries as a result of taking the drug. The question is whether, given that the plaintiffs took the drug before the additional warnings were required, the FDA regulations preempt the plaintiff’s state tort claims.
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