The U.S. Supreme Court is presently considering whether federal law pre-empts state design-defect claims targeting generic pharmaceutical products. Just two years ago, the court insulated generic-drug manufacturers from state-law failure-to-warn claims. It seems doubtful that any of the justices in that majority will treat this case differently, and, thus, generic drugmakers may soon enjoy a new immunity.
U.S. Supreme Court
Supreme Court Revisits Pre-emption Pertaining to Pharmaceuticals
The Legal Intelligencer
June 13, 2013