Mylan Knocks Out Failure-To-Warn Claims Despite Plaintiffs' Creative Mensing Argument

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Can a generic drug maker be held liable for failure-to-warn claims because its version of a popular drug gained FDA recognition as the industry standard? Not according to a ruling last week by a federal judge in Atlanta, who ruled that labeling claims against Mylan over its version of an anti-seizure drug were preempted under the Supreme Court's Pliva v. Mensing decision.

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