Prior to the win, over 70 courts across the country had sided with brand‑makers in similar cases. Courts in only two states, California and Vermont, have allowed similar claims to proceed. Furthermore, the U.S. Supreme Court decision PLIVA, Inc. v. Mensing, issued in 2011, rejected a plaintiff's suit against generic drug makers for failing to warn about their products' risks. That decision is based on federal preemption of state tort law. Commentators agree that it forecloses claims against generic makers for inadequate warnings on drug labels."Alabamians injured by generic prescriptions now can hold the brand-maker accountable for understating the risks of the drug," Chris Hood explained. "It is the right decision, and it stands on settled law of our state."
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