STORY FROM: Drugs & Medical Devices

Defendants May Not Appeal Preemption Ruling in Generic Acetaminophen Case, Ind. Federal Judge Rules

INDIANAPOLIS — An Indiana federal judge has denied a petition for interlocutory appeal of her ruling that failure-to-warn claims asserted against the makers of generic acetaminophen are not preempted, finding there is no contestable question of law.

In a Jan. 31 order, Judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana said there is no substantial likelihood that her order, which held that over-the-counter acetaminophen makers are not bound by the requirement to provide the warnings established in an agency monograph that has yet to be fully adopted, would be reversed on appeal.

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