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California Courts of Appeal

Jun. 19, 2013

Generic drugmaker can be sued for failing to update warning label, appellate court rules

A pharmaceutical company can be sued for failing to update a warning label on a generic drug to match the label on the corresponding brand-name drug, a state appellate court has ruled.


By Emily Green


Daily Journal Staff Writer


A pharmaceutical company can be sued for failing to update a warning label on a generic drug to match the label on the corresponding brand-name drug, a state appellate court has ruled.


The decision opens the door for plaintiffs to seek damages from Teva Pharmaceuticals USA Inc. for failing to update the label on the generic form of Fosamax, which helps prevent osteoporosis, to indicate it can cause fe...

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