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Health Care, Pharmaceuticals, Biotech

Nov. 4, 2026

Can FDA-approved generic drugs still trigger manufacturing defect lawsuits?

For California attorneys, the distinction between regulatory approval and manufacturing compliance can determine whether a generic drug claim survives federal preemption--and whether the evidence connects a defect to injury.

Behram V. Parekh

Equity Partner
Wisner Baum

Pepperdine University SOL; Malibu CA

See more...

Can FDA-approved generic drugs still trigger manufacturing defect lawsuits?
Shutterstock

When a patient experiences an unexpected treatment failure after receiving a generic medication, identifying the cause can be difficult. The drug may have met federal approval requirements, yet questions remain about whether the product dispensed was manufactured according to those standards. For attorneys, that distinction can determine whether a product liability claim survives federal preemption.

The issue is gaining relevance as generic competition expands. The U.S. Food and Dr...

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