In a setback to the pharmaceutical industry, the Massachusetts Supreme Judicial Court decided that consumers who claim harm from a generic medicine can sue brand-name drug makers for intentionally failing to update warnings that generic companies are obligated to place on product labeling.

The ruling came in a lawsuit filed by a man who charged that he suffered side effects, notably sexual dysfunction, after taking a generic version of Proscar, a Merck (MRK) drug used to treat enlarged prostates. And he maintained that two years before he took the generic, which was sold by Mylan (MYL), Merck changed Proscar labeling in other countries to warn about persistent erectile dysfunction, but had not done so in the U.S.

Unlock this article by subscribing to STAT Plus and enjoy your first 30 days free!


What is it?

STAT Plus is a premium subscription that delivers daily market-moving biopharma coverage and in-depth science reporting from a team with decades of industry experience.

What's included?

  • Authoritative biopharma coverage and analysis, interviews with industry pioneers, policy analysis, and first looks at cutting edge laboratories and early stage research
  • Subscriber-only networking events and panel discussions across the country
  • Monthly subscriber-only live chats with our reporters and experts in the field
  • Discounted tickets to industry events and early-bird access to industry reports

Leave a Comment

Please enter your name.
Please enter a comment.

Sign up for our Daily Recap newsletter

A roundup of STAT’s top stories of the day in science and medicine

Privacy Policy