Judge Rejects 'Parallel Claim' Argument in Paxil Preemption Ruling

FORT LAUDERDALE, Fla. - A federal judge dismissed state law failure-to-warn claims against a generic drug manufacturer on Aug. 7, determining that the claims are preempted by federal law but may be re-pled to assert design and manufacturing defects that may not conflict with federal regulations. Masterson v. Apotex Corp., No. 07-61665 (S.D. Fla.).

Judge James I. Cohn of the U.S. District Court for the Southern District of Florida ruled that because generic drug manufacturers are required to have the same labeling as their brand-name counterparts, their ability to even suggest a labeling change is limited and subject to the …