Generic drug manufacturers are not insulated from lawsuits by an FDA approval process that certifies such drugs as the “bioequivalent” of their brand-name predecessors, a federal judge has ruled.

In a 29-page decision in In re Budeprion XL Marketing & Sales Litigation, U.S. District Judge Berle M. Schiller refused to dismiss a suit brought by consumers who were previously taking Wellbutrin, a brand-name antidepressant drug, and claim they experienced side effects upon switching to generic buproprion.

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