The court considered whether the federal regulatory regime governing pharmaceuticals pre-empts state-law failure-to-warn claims against manufacturers of generic drugs. The Supreme Court held, in Wyeth v. Levine, that such claims are not pre-empted against name brand drug manufacturers. While not directing the 5th Circuit's result, the Wyeth decision shadowed its conclusion that the federal regulatory regime governing generics is also without pre-emptive effect. 5th U.S. Circuit Court of Appeals, No. 08-31204, 01-08-2010
Demahy v. Actavis, Inc.
January 12, 2010