Defending Against Label-Based Lawsuits

Could you be sued based on what the label of a product sold at a pharmacy does—or does not—say? If you make it, distribute it, or sell it, the answer may be “yes.”

In many product liability lawsuits, the plaintiff alleges injuries based on the product label’s failure to adequately warn consumers of some material information or risk of using the product. In class-action lawsuits, for instance, the plaintiff alleges the labeling was false and that they would not have bought the product had the truth been known. In pharmaceutical litigation, the plaintiff often alleges that she would not have taken the medication had she known of a particular adverse effect or risk of the medication.

Below are several best practices for seeking early resolution of these cases, such as using the discovery process—including taking depositions—to obtain helpful admissions that may allow the case to be dismissed earlier than trial.

Published by Pharmaceutical Executive (January 11, 2024)