Yesterday the Acting Solicitor General filed an invitation brief in PLIVA, Inc. v. Mensing (09-993) and Actavis Elizabeth, LLC v. Mensing (09-1039), recommending that the Court deny certiorari in both cases. At issue in the two related cases is whether the Eighth Circuit abrogated the Hatch-Waxman Amendments by allowing state tort liability for failure to warn in direct contravention of the Act’s requirement that a generic drug’s labeling be the same as the labeling approved by the Food and Drug Administration for the listed (or branded) drug. The Acting Solicitor General’s brief is available here.
CLICK HERE FOR FULL VERSION OF THIS STORY