Tibbe v. Ranbaxy, Inc.

Citations

• 2017 Ohio 1149

Syllabus

SUMMARY JUDGMENT - PREEMPTION - DRUG WARNING LABELS: Summary judgment was properly granted to defendant generic-drug manufacturer on federal preemption grounds on plaintiffs' state-law tort claims where the generic manufacturer presented unrebutted evidence that its product labeling was the same as the brand-name counterpart, as required by federal law, and the plaintiffs' claims that the generic-drug manufacturer was required by state law to include different or additional language in its labeling to adequately warn consumers of the risks associated with the product conflicted with the generic-drug manufacturer's federal-law duty to maintain the same labeling as its brand-name counterpart, making it impossible to comply with both laws. Pliva, Inc. v. Mensing, 564 U.S. 604, 131 S.Ct. 2567, 180 L.Ed.2d 580 (2011), followed. Summary judgment was properly granted on plaintiffs' claim that defendant generic-drug manufacturer had a state-law duty to warn consumers regarding their potential legal rights, because their claim was not supported by Ohio law.