Lawmakers to SCOTUS: Congress Purposely Did Not Preempt Drugmakers From State Suits

The U.S. Supreme Court should not rule that federal law offers preemption protection for generic-drug makers against state design-defect claims, Rep. Henry Waxman (D-Calif.) and Sen. Tom Harkin (D-Iowa) have told the high court. Congress “has made plain that state product liability law should coexist” with federal drug approvals, the lawmakers argue in an amicus brief to the Mutual v. Bartlett case. State liability suits have coexisted with federal drug regulation for 75 years, they note.
Drug Industry Daily