'Dear Doctor Letter' Claim is Not Preempted Under Mensing, Judge Rules

MOBILE, Ala - An Alabama federal judge has allowed a plaintiff in a generic Reglan case to amend her complaint to allege that the drug makers failed to disseminate a Dear Doctor letter, ruling that such a claim is not preempted under Pliva Inc. v. Mensing. Brasley-Thrash v. Teva Pharmaceuticals, No. 10-31 (S.D. Ala.).

On Sept. 12, Judge Kristi K. DuBose of the U.S. District Court for the Southern District of Alabama ruled that at the time the plaintiff was prescribed metoclopramide, such letters did not need Food and Drug Administration approval.

Petrina Brasley-Thrash sued Teva Pharmaceuticals Inc., PurePac Pharmaceuticals …