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geek tragedy

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27. Except that the generic company doesn't choose its warning label.

Reply to Fantastic Anarchist (Reply #25)

Tue Jul 9, 2013, 02:31 PM

Jul 2013

It's required by federal law to use the exact same language as that used by the original manufacturer.

Generally, the tort system is supposed to work to cause people to stop doing bad things or to take necessary steps to protect the public. But, in the case where the generic manufacturer literally has no agency in the use of the label, it doesn't make much sense to blame them for it.

Moreover, the situation is one where the generic manufacturer is in a position where they can (a) obey federal but not state law or (b) obey state but not federal law; or (c) just not sell drugs in the state with that law.

(b) is right out, so the question is whether they can be sued for following federal law, or whether that federal law preempts the state laws. (c) means a big old mess, with some states having generic drugs but not others, with issues of cross-state border trafficking etc.

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Holy Shit! New Law: Drug Companies exempt from Lawsuits -Supreme Court Ruling [View all] Fantastic Anarchist Jul 2013 OP

I feel something tightening around my neck. factsarenotfair Jul 2013 #1

Our necks. Tell me again why who is President doesn't really matter? nt kelliekat44 Jul 2013 #62

It's the generic vs name brand distinction. geek tragedy Jul 2013 #2

Either way, generic vs name brand, the warning should be there. Fantastic Anarchist Jul 2013 #5

The solution is for Congress to write a better law. geek tragedy Jul 2013 #7

I work for a CRO ... Fantastic Anarchist Jul 2013 #11

And that's the rub--the warning for both is exactly the same. geek tragedy Jul 2013 #18

Which is confusing because ... Fantastic Anarchist Jul 2013 #21

The original manufacturer is the only one who can change the language. geek tragedy Jul 2013 #23

Okay, I have some more information. Fantastic Anarchist Jul 2013 #25

Except that the generic company doesn't choose its warning label. geek tragedy Jul 2013 #27

I don't understand why the labeling requirements would have to be the same ... Fantastic Anarchist Jul 2013 #29

Oh, we agree that the law is all screwed up. geek tragedy Jul 2013 #30

Generic must show bioequivalence and must have exact labeling as innovator. godai Jul 2013 #32

Thank you for the information. Fantastic Anarchist Jul 2013 #33

It's a very broad range. StrayKat Jul 2013 #36

And thank you, too, for more information. Fantastic Anarchist Jul 2013 #37

No, that's an old argument made by innovators. (Responding to#36) godai Jul 2013 #39

Read the article. StrayKat Jul 2013 #54

Here you go...(response to #54) godai Jul 2013 #58

Access Denied. StrayKat Jul 2013 #71

No restrictions on the link. godai Jul 2013 #73

You're last paragraph is a very interesting point. nt Fantastic Anarchist Jul 2013 #59

"it helps the original manufacturer by imposing extra costs on the generic competition." HiPointDem Jul 2013 #65

Look at this optimum phrase: Fantastic Anarchist Jul 2013 #3

Would it bother you to know that the line you cite at the top of your post does not appear anywhere onenote Jul 2013 #43

No, it wouldn't bother me to know. Fantastic Anarchist Jul 2013 #52

Why is it a strange question? onenote Jul 2013 #63

It's strange to ask if I'd be bothered by new information. Fantastic Anarchist Jul 2013 #74

Another reason Andy823 Jul 2013 #4

I certainly don't want any right-wingers in government ... Fantastic Anarchist Jul 2013 #6

Another ignorant "news" website that should be banned from DU.. snooper2 Jul 2013 #8

I tried to link to that site. It came up with an error message. Fantastic Anarchist Jul 2013 #10

Ok here is the article from a "liberal" site.. SomethingFishy Jul 2013 #24

That site was the only one that had the full article ... Fantastic Anarchist Jul 2013 #26

If anyone was napping, not realizing ours is a wholly-owned corporatist government, this ruling indepat Jul 2013 #9

Sue the doctors if,,,, kentuck Jul 2013 #12

Not sure how it would be the doctor's fault ... Fantastic Anarchist Jul 2013 #13

Link to the Supreme Court decision DeschutesRiver Jul 2013 #14

Thank you. Fantastic Anarchist Jul 2013 #16

personal bank acc'ts of justices need to be audited to see where the money's coming from!.... dmosh42 Jul 2013 #15

I'm totally supportive of that. Fantastic Anarchist Jul 2013 #17

Ya think? But it doesn't matter, they are absolutely above the law mountain grammy Jul 2013 #46

Supreme Court Justices are required to file financial disclosure forms onenote Jul 2013 #68

yes they are and Thomas's were brought up a few years ago mountain grammy Jul 2013 #76

... Scuba Jul 2013 #19

One of the first things Walker and his crew did here in EC Jul 2013 #20

Unbelievable. nt Fantastic Anarchist Jul 2013 #22

At what point will they figure out that Ilsa Jul 2013 #28

At least it wasn't acupuncture or homeopathy TM99 Jul 2013 #31

This is for GENERIC drug companies only. godai Jul 2013 #34

Big Pharma imports cheap drugs made in China, now with impunity! What a sick country we live in. reformist2 Jul 2013 #35

weird how the OP says one thing and the story is 180 degrees off nt friendlyFRIEND Jul 2013 #38

Thanks. Discussed yesterday. elleng Jul 2013 #40

Thanks for the clarification. At first glance I was like, WTF. That makes more sense. nt Incitatus Jul 2013 #44

Glad you appreciate it. elleng Jul 2013 #45

Thanks for the information ... Fantastic Anarchist Jul 2013 #53

"I love the smell of fascism in the morning!" AAO Jul 2013 #41

hyperbole much? ellennelle Jul 2013 #42

THANK YOU and HI, ellennelle! elleng Jul 2013 #47

thx ellennelle Jul 2013 #50

I'm quitting this thread too, I think; elleng Jul 2013 #51

I'm at work ... Fantastic Anarchist Jul 2013 #55

A few here want there to be a common enemy we can all rally around Rex Jul 2013 #61

Yeah, I guess so it goes, eh? Fantastic Anarchist Jul 2013 #75

I'm at a loss...something somewhere is freezing over. BornLooser Jul 2013 #48

I listened to Mike Papantonio talk about this last week. mountain grammy Jul 2013 #49

The crux of the argument makes sense as Elleng pointed out ... Fantastic Anarchist Jul 2013 #56

Just say NO to medications HockeyMom Jul 2013 #57

Okay. As you request. Now, how do I deal with this pesky HIV thing I have? Liberal Veteran Jul 2013 #64

I worked for years helping develop antiretrovirals. Avalux Jul 2013 #72

Holy Shit! This OP is sensationalistic crap. Avalux Jul 2013 #60

Somewhere in between zipplewrath Jul 2013 #66

Correct. Avalux Jul 2013 #69

the ruling doesn't make any generalized principle such as you claim. it's specific to this HiPointDem Jul 2013 #67

Ugly, Inc. Berlum Jul 2013 #70

Another great decision from Ralph Nader's US Supreme Court. Thanks Ralph! NT graham4anything Jul 2013 #77