High Court sides with generic drug makers in narrow ruling

Clinton News Network ^ | June 23rd | Bill Mears

[Halfmanhalfamazing]

The court split along conservative-liberal lines. "It is beyond dispute that the federal statutes and regulations that apply to brand-name drug manufacturers are meaningfully different than those that apply to generic drug manufacturers," said Justice Clarence Thomas. "Indeed it is the special, and different, regulation of generic drugs that allowed the generic drug market to expand, bringing drugs more quickly and cheaply to the public."

In dissent, Justice Sonia Sotomayor countered, "These divergent liability rules threaten to reduce consumer demand for generics...

...

Thomas acknowledged that from the plaintiffs' perspective in the latest cases, "finding pre-emption here but not in Wyeth makes little sense." But he added, "because pharmacists, acting in full accord with state law, substituted generic metoclopramide instead, federal law pre-empts these lawsuits. We acknowledge the unfortunate hand that federal drug regulation has dealt Mensing, Demahy and others similarly situated." The majority noted Congress and the FDA, not the courts, can now change the law if they want.

[Halfmanhalfamazing]

It seems to me that the court swerved into admitting something here, and CNN didn't catch it otherwise they may have structured their article different.

Federal regulation is different for generics than it is for name brand drugs. That's partially why generic drugs are so much cheaper.

That's why I bolded what the wise latina said. How would different rules affect adversely customer demand for generics? By adversely affecting their prices!

Now, she's talking specifically about liability rules, but there's no reason any of us should think that the rest of regulations aren't also tailored to be anti private property.

[arderkrag]

Now, she's talking specifically about liability rules, but there's no reason any of us should think that the rest of regulations aren't also tailored to be anti private property.

Well, of course they are. And guaranteed, someone's getting kickbacks somewhere to keep the regulations in place.

[Buckeye McFrog]

so....apparently the Wise Latina thinks the key issue is how much I can sue for if I am maimed or crippled by a prescription drug?

[Paleo Conservative]

It’s not that difficult to find information about any prescription drug on the internet.