The Iowa Supreme Court has ruled that a plaintiff can sue a generic drugmaker for failing to update its warning label to reflect a U.S. Food and Drug Administration’s order to the brand-name manufacturer to include a stronger warning.
The court was unanimous in finding liability against generic drugmakers but split, 4-3, in rejecting liability for brand-name manufacturers. It followed most of the jurisdictions to consider the question in its holding regarding the name-brand manufacturers.
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