Colacicco v. Apotex, Inc.

Public Justice joined an amici brief arguing that the district court erred when it dismissed the plaintiffs’ failure-to-warn claims involving the prescription drug Paxil and its generic equivalent on the ground that they conflict with the U.S. Food and Drug Administration’s (FDA’s) approval of the drug’s label.

Public Justice joined an amici brief arguing that the district court erred when it dismissed the plaintiffs’ failure-to-warn claims involving the prescription drug Paxil and its generic equivalent on the ground that they conflict with the U.S. Food and Drug Administration’s (FDA’s) approval of the drug’s label. The United States Court of Appeals for the Third Circuit ruled that the plaintiffs’ claims are preempted. The plaintiffs do not appear to have sought U.S. Supreme Court review.