Claims Against Generic Wellbutrin Makers are Not Preempted

PHILADELPHIA - Claims brought against the makers of generic Wellbutrin under California state consumer protection laws are not preempted by federal law, a Pennsylvania federal judge has ruled, citing the U.S. Supreme Court's ruling in Wyeth v. Levine. In re Budeprion XL Marketing & Sales Litigation, MDL No. 2107, No. 09-md-2107 (E.D. Pa.).

On May 26, Judge Berle M. Schiller of the U.S. District Court for the Eastern District of Pennsylvania found that federal law did not prevent the defendant drug makers from adding to their products' warning labels.

Bupropion hydrochloride is the active ingredient in Wellbutrin and several generic …