The Ninth Circuit Court of Appeals recently held that federal law does not preempt state law failure-to-warn claims. The U.S. Supreme Court in Wyeth v. Levine, 129 S. Ct. 1187 (2009), previously determined that state law failure-to-warn claims against brand name manufacturers were not preempted by federal law. At issue in Gaeta v. Perrigo Pharmaceuticals Co., however, was whether this principle applied in state law failure-to-warn claims brought against generic manufacturers. Following Levine, the Ninth Circuit found that state law failure-to-warn claims against generic manufacturers are not preempted by federal law, provided there is no "clear evidence" that the FDA would have rejected the proposed stronger warning.

The full opinion can be found here.