Generic Drugs Require Labeling Revisions

Generic Drugs | maher law firm | frank eidsonThe consumer rights group “Public Citizen”, claims there are over 433 generic drugs for which no brand-name drug remains on the market today.

On Monday, the U.S. Supreme Court blocked design defect lawsuits against generic drug makers causing tremendous pressure on the FDA (Food and Drug Administration). Earlier this year, the FDA considered allowing generic drug companies to change their labels, which would eliminate their immunity from state “failure to warn” claims barred by the high court’s ruling in ‘Pliva v. Mensing’. “These changes are critically important to ensure that the public is adequately informed of the risks and benefits of prescription drugs and that consumers who are injured by generic drugs have the same legal rights as those who are injured by the brand-name versions of the same drugs.”

Over 40 attorney generals, support the modification of labeling regulations. However, a spokeswoman for the FDA said it remains “premature to cite what changes in the regulations might be”. While “warning-label legislation” was introduced into Congress, to overrule the Supreme Court; the U.S. House of Representatives may not follow suit.

Public Citizen has been urging the FDA to take action regarding generic drug regulations, they are expressing hope since Monday’s ruling. “If there’s any silver lining in Mensing and Bartlett, it’s that I hope it pushes the FDA forward” said Public Citizen.

You have the right to trust your medication is safe.  Tragically, this is not always the case.  However, victims may recoup damages through a successful product liability claim against the drug’s maker.  Well versed in product liability laws that protect consumers, our attorneys have handled countless lawsuits involving harmful pharmaceuticals.  Contact us today to discuss your potential case.

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