Caraco v. Novo Nordisk

The Case I was giving was Caraco vs. Novo Nordisk
which will be argued December 5, 20ll 
Dockett Number: 10-844

Caraco v. Novo Nordisk: 

Summarization- basically the argument stems from whether or not a generic drug making company can sue for having another company for making the name brand version of that exact drug without the prior knowledge of the FDA.

Constitutional issue: Commerce clause; which says that "no person shall introduce or deliver for introduction into interstate commerce any new drug unless with an approval.


From the Scotus Blog: 


Whether a generic drug manufacturer may sue the company that produces the brand-name version of the drug to require it to correct information filed with the Food and Drug Administration, information that is relevant to the agency's decision whether to approve the generic version of the drug.


With this case it looks at whether states can legally sell drugs under a different name in a different state without The Food and Drug Administration knowing anything about the effects of granting the state the right to sell the product in pharmacy stores or over the counter.

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