The Concurrent Relationship between Brand Name and Generic Drug Manufacturer’s Duty to Warn under the US Law System
Under US law, the manufacturer bears the duty to warm when a drug is known to be potentially dangerous. Therefore, if the consumer still takes the drug and come with serious side effects because there don’t have any proper warning on the label, the manufacturer should take the responsibility. Under the case law, those who purchase brand name drugs may request compensation from the manufacturer in the aforementioned situation. However, blaming the United States Federal Food, Drug, and Cosmetic Act preempt the product liability of generic drug manufacturer, the person who purchases the generic drug cannot file a lawsuit against the generic drug manufacturer. Could the court expand the scope of product liability so that those who purchase the generic drug can turn to the brand name drug manufacturer for compensation? This article starts from the legal principles and provisions of the US Pharmaceutical Law and Tort Law, sorts out the court’s precedent and jurisprudence, and analyzes the concurrent relationship between the brand name and generic drug manufacturer’s duty to warn under the US Law System.