STORY FROM: Drugs & Medical Devices

Claims Accusing Generic Reglan Makers of Failing to Update Warnings Not Preempted, N.J. High Court Rules

TRENTON, N.J. — State-law claims accusing the makers of generic Reglan of failing to adopt changes made to the brand name drug’s warnings are not federally preempted because it was not impossible for the generic drug makers to comply with both federal and state law in incorporating the changes, the New Jersey Supreme Court has ruled.

In an Aug. 22 opinion, the court explained that no law prevented the generic drug makers from providing the same warnings that appeared on the labeling of brand-name Reglan and as such, Mensing preemption does not apply.

In 2004, the Food and Drug Administration ...

Associated Law Firms
Center for Constitutional Litigation
Goldberg Segalla
Harris Beach
Kirkland & Ellis
Oshman & Mirisola
Ulmer & Berne

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Opinion



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