The FDA Law Blog…. That’s right, we blew it. Mensing wasn’t reconferenced, rather certiorari was actually granted – contrary to the advice of the solicitor general, and without any circuit split. We relied on SCOTUSblog as holy writ and it turns out it was wrong (they’ve updated, too).
Anyway, the Supreme Court has agreed to hear whether the Hatch-Waxman Act’s requirement that generic labeling stay the “same” as pioneer labeling preempts state law product liability suits that would require different safety warnings on those same labels.
Either way the Supreme Court comes out, the implications will be fascinating.