Abstract: On May 2, 2012, the U.S. Court of Appeals for the First Circuit held in Bartlett v. Mutual Pharmaceutical Co. that the Federal Food, Drug, and Cosmetic Act (FDCA) does not preempt design defect claims against generic manufacturers. The court reasoned that, by not manufacturing the drug, a generic manufacturer could avoid state design defect liability without violating the federal requirement that a generic drug remain “the same” as a listed brand-name drug. This Comment argues that, in so holding, the First Circuit misconstrued Supreme Court precedent and contravened the objectives of the Hatch-Waxman Amendments. It further argues that, on review, the Supreme Court should hold that the FDCA preempts design defect claims against generic manufacturers. Finally, this Comment proposes that Congress enact a federal damages remedy to give injured consumers some relief.
2015-2016 Board of Editors
We are pleased to announce the Board of Editors for the 2015-2015 academic year.
BCLR Latest Issue: Vol. LVI No. 3
The Boston College Law Review is pleased to announce our latest publication , the May 2015 issue. The current issue is featured on […]
BCLR Releases Vol. LV No. 3
The Boston College Law Review is pleased to publish the May 2014 issue. Here are summaries of this issue’s Articles and Notes: […]