The United States Supreme Court has decided not to review Pliva v. Huck, an Iowa Supreme Court decision that held federal law does not preempt failure to update claims against generic drug manufacturers. Pliva challenged the ruling on the ground such claims were covered under the federal preemption memorialized in the 2011 U.S. Supreme Court decision Pliva v. Mensing.
Continue Reading Supreme Court Declines to Weigh in on Generic Preemption

California’s attempt to become the first state to require warning labels on soft drinks and other sugary beverages has failed.  State Senator Bill Monning’s proposed legislation would have required sodas and other sugar-sweetened drinks to carry a label reading, “CALIFORNIA SAFETY WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay.”  Drinks required to carry the labels would have included those which contain added sweeteners and have seventy-five (75) or more calories per twelve (12) ounces.  Milk-based beverages, including frappucinos, lattes, and chocolate milk, would have been exempt from the bill.  The bill was voted down by the California Assembly Committee on Health by an 8-7 vote on Tuesday, June 17th.  The bill needed 10 votes to pass.
Continue Reading California Sugar Rush: Proposal Requiring Warning Labels for Sweet Drinks Falls Short