The Supreme Court of Alabama certainly thinks so. But they couldn’t be more wrong.
This ruling is incredibly dangerous for patients. If generic producers can place all liability for their products on their competitors, pressure to ensure perfectly made medicines are lessened. Most of the attention is focused on genuine generics that have slightly different (and negative) effects on patients when compared to the original product. However, as I’ve documented many times, not all alleged generic producers even create bioequivalent products. The rise of substandard drugs is surely set to increase if Alabama’s ruling is not overturned in the near future.