The Sixth Circuit Court of Appeals has determined that when a branded drug manufacturer changes its product labeling and the generic manufacturer fails to follow suit, a state law claim against the generic drug maker for inadequate warnings is not preempted by federal law. Fulgenzi v. PLIVA, Inc., No. 12-3505 (6th Cir., decided March 13, 2013). The court agreed with the plaintiff that her case was different from PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), in which the U.S. Supreme Court held that state failure-to-warn claims could not be maintained against generic drug makers, because it would be “impossible for them to comply simultaneously with their state duty to adequately warn and their federal duty of sameness (federal law requires generic drug labels to be the same as their branded counterpart).” Accordingly, the court reversed the district court’s dismissal of the suit and remanded it for further proceedings.