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Page 504 DEFENSE COUNSEL JOURNAL–October 2012with the powerful interest groups,including the AARP. 38In summary, the full impact ofMensing remains undetermined. Absentthe unlikely enactment of the PatientSafety and Generic LabelingImprovement Act, the success of othernot-yet-proposed Congressional action,or the Supreme Court’s grantingcertiorari on a case that clarifiesMensing’s scope, courts will likely tocontinue to divergently apply thedoctrine of pre-emption to state law tortclaims involving genericpharmaceuticals. The most likelyoutcome is that the still nascentdevelopment of case law within theCourts of Appeals will likely providedifferent guidelines based on the Circuitwithin which a case is pending.* * *38 Letter from the National Association ofAttorneys General to Senator Patrick J.Leahy and Senator Al Franken (May 11,2012) (signed by 41 Attorneys General),available at http://www.naag.org/signon_archive.php;Letter from Joyce A.Rogers, Senior Vice President, GovernmentAffairs of AARP to Senator Patrick J. Leahy(Mar. 30, 2012),in 158 CONG. REC. No. 56,at S2498-99; Letter from Alliance forJustice, Consumer Action, ConsumerFederation of America, Consumers Union,Consumer Watchdog, National Associationof Consumer Advocates, and US PIRG toSenator Patrick J. Leahy (April 17, 2012), in158 CONG. REC. No. 56, at S2499; AllisonM. Zieve, Director, Public Citizen LitigationGroup and Sidney M. Wolfe, MD, Director,Public Citizen Health Research Group toSenator Patrick J. Leahy (April 18, 2012), in158 CONG. REC. No. 56, at S2499.