At the same time, the Conte court erred in concluding that only the brand-name drug maker, and not the manufacturer of the generic drug that the plaintiff received, could be liable. The court allowed the generic manufacturer to escape liability on the ground that it did not supply any of the information the plaintiff’s doctor considered in deciding to prescribe the drug. Given that doctors seldom see generic drug labeling or other information disseminated by generic manufacturers, this approach essentially amounts to absolving generic manufacturers of all liability for inadequate warnings or misrepresentations about their products. This creates far too much of an imbalance between the potential liability of the brand-name manufacturer and its generic counterparts, with the former bearing a disproportionate share of the burden of liability when brand-name and generic manufacturers alike provided inadequate or inaccurate information about the drug.Drawing on these critical assessments of Conte and previous court decisions, this Article proposes a new general framework for drug manufacturer liability. The proposed scheme recognizes that in some instances a plaintiff can assert viable claims against both the brand-name and generic drug producers. For example, when the brand-name manufacturer caused the plaintiff’s injuries by negligently designing the product or failing to give adequate warnings about its dangers, but the plaintiff took a generic version of the drug, sufficient grounds exist for imposing liability on both the brand-name and generic manufacturers. At the same time, the framework outlined here accepts the possibility of imposing liability on multiple manufacturers but strives to achieve a fair distribution of the responsibility among the manufacturers. The generic manufacturer in the above example profited from selling the product taken by the plaintiff, and its connection to the plaintiff’s injuries is even stronger and more direct than that of the brand-name manufacturer