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Daniel R. Adler

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August 4, 2026

California Supreme Court Rejects a “Duty to Innovate” for Drug Manufacturers: What the Decision Forecloses and What It Leaves Open

On August 3, 2026, the California Supreme Court held in Gilead Tenofovir Cases (Aug. 3, 2026, S283862) ___ Cal.5th ___ (slip opn.), that a drug manufacturer owes no duty of care to users of a non-defective drug when deciding whether and when to commercialize an allegedly safer alternative drug. The Court reached that conclusion on…