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- Title
A First Amendment Approach to Generic Drug Manufacturer Tort Liability.
- Authors
SULLIVAN, CONNOR
- Abstract
The article discusses the U.S. Supreme Court's ruling in the 2011 case PLIVA Inc. Mensing which deals with the First Amendment to the U.S. Constitution, the nation's Food, Drug, and Cosmetic Act (FDCA), and the tort liability of generic drug manufacturers for the harms that their products cause. Consumer risks and drug labeling regulations are examined. The author argues that generic drug manufacturers should face liability when they fail to communicate critical safety information to consumers.
- Subjects
UNITED States; GENERIC drug laws; TORT liability of corporations -- Law &; legislation; UNITED States. Constitution. 1st Amendment; PLIVA Inc. v. Mensing (Supreme Court case); ACTIONS &; defenses (Law); DRUG labeling laws; STATE statutes (United States)
- Publication
Yale Law Journal, 2013, Vol 123, Issue 2, p495
- ISSN
0044-0094
- Publication type
Opinion