Nearly 80 percent of all prescriptions in the U.S. are filled with generic versions of a drug. However, due to a 2010 Supreme Court decision (Pliva, Inc., et al. v. Mensing) generic manufacturers, unlike their name brand counterparts, cannot be held accountable in court for failing to warn consumers about side effects of the medication. This includes failing to warn consumers about debilitating and potentially fatal side effects.
There is legislation pending that would ensure that generic manufacturers can be held accountable when they fail to provide consumers with proper warnings. If passed, the Patient Safety and Generic Labeling Act would allow generic manufacturers to make changes to their labels to reflect the most up to date health and safety information. This change would ensure that brand and generic manufacturers have the same responsibility to warn about the risks associated with their drugs.