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McKenney v. Purepac Pharmacuetical Company

Topic(s): Preemption of Consumer Remedies
Date Of Involvement: 11/24/2008

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Description:

In this case, a generic drug manufacturer, Purepac Pharmaceutical Company, maintains that state-law claims alleging personal injuries from use of generic prescription drugs are preempted by the federal Food, Drug, and Cosmetic Act. The plaintiff won on the preemption issue in the California Court of Appeal, and Purepac has sought discetionary review in the California Supreme Court. With our assistance, the plaintiff opposed review, and the California Supreme Court denied review.