Wyeth v. Levine Applies to Generic Manufacturers, 9th Circuit Rules

SAN FRANCISCO - Federal law does not preempt state law failure-to-warn claims brought against the manufacturer of generic ibuprofen, a federal appeals court has ruled, because there is no "clear evidence" that the FDA would not have approved the proposed stronger warning. Gaeta v. Perrigo Pharmaceuticals Co., No. 09-15001 (9th Cir.).

On Jan. 14, a 9th Circuit U.S. Court of Appeals panel ruled that the U.S. Supreme Court's ruling in Wyeth v. Levine (129 S. Ct. 1187 [2009]) applies to generic drug makers.

In 2004, Augustine Gaeta had two benign moles surgically removed. During the procedure, he received Halothane, …