Claims Against Generic Drug Maker are Not Preempted, Judge Rules

CHARLOTTE, N.C. - State law failure-to-warn claims brought against the manufacturer of a generic form of Reglan are not preempted by federal law because they do not rely upon the federal Food Drug and Cosmetic Act, a North Carolina federal judge has ruled. Couick v. Wyeth Inc., No. 09-210 (W.D. N.C.).

On Dec. 10, Chief Judge Robert J. Conrad Jr. of the U.S. District Court for the Western District of North Carolina further ruled that the manufacturer was not prohibited by federal law from warning customers of the dangers of long-term use of metoclopramide by means other than a Changes …