Judge Rejects Generic Antibiotic Maker's Preemption Argument

MOBILE, Ala. - For the second time in less than a month, a judge has rejected a drug manufacturer's contention that state law claims brought by plaintiffs injured as a result of taking a generic drug are preempted by federal labeling requirements. Barnhill v. Teva Pharmaceuticals Inc., et al., No. 06-0282 (S.D. Ala.).

In an April 24 decision, Senior U.S. District Court Judge Charles R. Butler Jr. held that Teva Pharmaceuticals USA Inc. cannot assert preemption as a defense against a minor plaintiff's failure to warn claims, commenting that Congress never intended for preemption to apply under similar circumstances.