Generic Drugs and Preemption in the Wake of Wyeth v. Levine

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There is a rapidly growing split of authority among courts as to whether FDA regulation of generic drug labeling preempts state-law failure-to-warn claims. This article examines the continuing viability of a preemption defense in pharmaceutical product liability cases alleging the defective labeling of generic drugs in the wake of Levine.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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