Court: Failure-to-Warn Claims Against Generic Drug Manufacturers Preempted

BOWLING GREEN, Ky. -- A federal court has dismissed state law failure-to-warn claims in three cases brought against generic drug manufacturers, ruling that the claims are conflict preempted. Morris v. Wyeth Inc., et al., No. 07-176; Wilson v. Wyeth Inc., et al., No. 07-378; Smith v. Wyeth Inc., et al., No. 07-18 (W.D. Ky.).

In three separate Oct. 24 rulings, the U.S. District Court for the Western District of Kentucky said that because generic drug manufacturers can't unilaterally enhance their labels to conform with state law, the failure-to-warn claims are preempted.

Plaintiffs Lala Smith, Alice Wilson and Dennis Morris …