Generic Reglan Claims Are Not Preempted, Judge Rules

CLEVELAND - State law failure-to-warn claims brought against the manufacturer of generic Reglan are not preempted by federal law, an Ohio federal judge has ruled, citing the U.S. Supreme Court's recent decision in Wyeth v. Levine. Fulgenzi v. Wyeth Inc., et al., No. 5:09-1767 (N.D. Ohio).

On Feb. 19, Judge Sara Lioi of the U.S. District Court for the Northern District of Ohio ruled that the drug maker failed to demonstrate "clear and manifest Congressional purpose" to preempt state law.

Eleanor Fulgenzi sued ActavisElizabeth LLC and Actavis Inc., the manufacturers of Reglan's generic equivalent, metoclopramide. She alleged that her long-term …