Generic Drug Ruling

           In a major blow to consumer claims, the United States Supreme Court in Pliva, Inc. v. Mensing has ruled that generic drug manufacturers cannot be sued or be liable for failing to warn consumers of the drugs’ dangers. The Supreme Court decided, in a 5-4 ruling, that even though generic drug manufacturers could have sought approval from the FDA for a stronger warning label and are supposed to do so, the generic manufacturers’ inability to unilaterally change their drugs’ labels in advance of FDA approval meant that it was “impossible” for them to comply with both federal and state law.

What are some of the key personal implications to you? We strongly  recommend that you read very closely all labels for any generic drugs you are taking or are prescribed, and then discuss all your concerns or questions  with your doctor and pharmacist before ingesting these medications.