Gilead Tenofovir Cases: California Supreme Court Rejects Duty to Innovate or Accelerate Development of Alternatives to Non-Defective Products

November 3, 2026

Can a pharmaceutical manufacturer face liability for failing to bring an allegedly safer drug to market sooner, even when the drug it already sells is not defective? In Gilead Tenofovir Cases, 20 Cal. 5th 390 (2026) (Gilead), the California Supreme Court answered no under the circumstances presented….
By: Husch Blackwell LLP

Gilead Tenofovir Cases: California Supreme Court Rejects Duty to Innovate or Accelerate Development of Alternatives to Non-Defective Products

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