Dist. Ct. did not err in granting defendants’ motion for judgment on pleadings in plaintiff’s action alleging under state law that defendants sold dangerous generic drugs and failed to warn of their risks. Plaintiff’s state law claims were preempted under Food, Drug and Cosmetics Act (FDCA) since, under Mensing, 564 U.S. 604, FDCA preempts any state law that requires companies to improve generic drug labels, as well as any claim that defendant failed to provide adequate information on said labels. Moreover, plaintiff could not proceed on her proposed amendment to her complaint alleging that defendants violated state law by failing to update generic drug label to match updated label on brand name drug, where: (1) plaintiff failed to raise said theory in her complaint; and (2) plaintiff never sought in Dist. Ct. to amend her complaint to add such theory.
Federal 7th Circuit Court
Civil Court
Food Drug and Cosmetic Act