Tag Archives: generic drugs

The U.S. Supreme Court today heard arguments over whether big pharmaceutical companies can pay generic drug manufacturers to delay their entry into the marketplace. In FTC v. Actavis, the court will rule if payments made to preserve a name-brand prescription drug’s grip on the market count as collusion that violates federal antitrust laws, as the Federal Trade Commission is arguing. Opponents of the “pay-to-delay” system claim that the name-brand companies are essentially bribing their cheaper competitors to stay away, in …

The U.S. Supreme Court today heard arguments in a case that will further refine to what extent the makers of generic pharmaceutical drugs can be sued in state court. In Bartlett v. Mutual Pharmaceuticals, the justices will decide if federal law that governs the design of generic drugs preempts state consumer protection laws in cases where the drugs injure patients. Karen Bartlett was blinded and suffered horrific skin problems in 2004, with two-thirds of her body becoming an open wound, …

The U.S. Supreme Court will hear arguments next year on whether lawsuits against defective generic drugs can proceed in state court if they are not in violation of federal law. In Mutual Pharmaceutical Co v. Bartlett, the court will decide if federal law protecting generic drugs trumps state consumer protection laws, or if both can exist in harmony. If the court finds the laws to be in conflict, consumers will not be able to bring lawsuits over injuries they suffered …