STORY FROM: Drugs & Medical Devices

U.S. Supreme Court Declines to Review N.J. Preemption Ruling

WASHINGTON, D.C. — The U.S. Supreme Court has declined to review a New Jersey high court’s ruling that claims based upon generic drug makers' failure to adopt changes made to the brand name drug’s warnings are not preempted.

On April 3, the high court denied the generic drug manufacturers’ petition for certiorari. The drug makers sought to challenge the New Jersey Supreme Court’s finding that it was not impossible for the generic drug makers to comply with both federal and state law in incorporating the label changes.

In an Aug. 22 opinion, the New Jersey court explained that no ...

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