Solicitor General Tells Supreme Court to Deny Cert in Preemption Case

The U.S. government is urging the Supreme Court not to hear an appeal from generic-drug makers in a case that could determine whether federal law preempts them from modifying the label of their products. In an amicus brief filed with the court last week, acting Solicitor General Neal Katyal argues that the federal appeals court that heard the case last year was correct in its ruling that the generic-drug makers can be found liable for not providing sufficient warnings of risks on labeling, even if such warnings are not found on the brand product’s labeling.
Washington Drug Letter