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.

Donna …