Mo. Federal Judge Allows Plaintiff to Amend Failure-To-Update Claim in Generic Reglan Action

ST. LOUIS — A Missouri federal judge has allowed the plaintiff in a generic metoclopramide action to amend his claims accusing the manufacturers of failing to update their warning labels to conform to that of the brand name drug, Reglan, noting that such claims may not be preempted.

However, in the Jan. 8 order, Judge Ronnie L. White of the U.S. District Court for the Eastern District of Missouri found the plaintiff’s claims of design defect and failure to warn are preempted to the extent they would require the generic manufacturers to divert from the FDA-approved Reglan design and warnings.