The Yale Law Journal

Connor Sullivan

Comment

A First Amendment Approach to Generic Drug Manufacturer Tort Liability

Connor Sullivan

In 2011, the landmark case PLIVA, Inc. v. Mensing1 foreclosed many claims against generic drug manufacturers for harms caused by their products. In particular, Mensingheld that because the Food, Drug, and Cosmetic Act (FDCA) requires generic manufacturers to use labels that are “the same as…