Generic drug makers lose a pre-emption argument at 8th Circuit 

Posted: 1:00 am Mon, December 7, 2009
By Barbara L. Jones

State law failure-to-warn and misrepresentation claims brought against the makers of a generic drug were not pre-empted by federal law governing drug labeling, the 8th U.S. Circuit Court of Appeals recently ruled in a case of first impression.Mensing v. Wyeth, et al. reverses a District of Minnesota ruling. Similar cases are pending in the 5th ...