Claims Against Metoclopramide Maker Preempted, La. Federal Judge Rules

LAKE CHARLES, La. — Claims of failure to warn and breach of express warranty brought against the maker of generic Reglan are preempted because they fall squarely within the reasoning of PLIVA v. Mensing, a Louisiana federal judge has ruled. Johnson v. Teva Pharmaceuticals USA Inc., No. 2:10-404 (W.D. La.).

On May 21, Judge Patricia Minaldi of the U.S. District Court for the Western District of Louisiana ruled that the claims are based upon the generic manufacturer’s alleged failure to adequately warn doctors and patients of the risk of tardive dyskinesia posed by the drug. The judge also dismissed the …