The state Supreme Court has denied allocatur to defendants appealing a ruling that federal preemption only applies to negligent failure-to-warn claims that predate the Food and Drug Administration Amendments Act of 2007 and are based solely on a generic drug’s label that was in conformity with the brand-name equivalent’s label.
In separate orders Wednesday, the justices denied four appeals—requested by drugmakers Morton Grove Pharmaceuticals Inc., Wockhardt USA, Teva Pharmaceuticals and Wyeth Inc.—of the state Superior Court’s preemption-related holding. Justice Correale F. Stevens did not participate in the decisions.
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