State Law Failure-To-Warn Claims in Generic Reglan Action Preempted, Judge Rules

MONROE, La. - State law failure-to-warn claims brought against the makers of generic Reglan are preempted pursuant to the U.S. Supreme Court's recent decision in Pliva Inc. v. Mensing, a Louisiana federal judge has ruled. Morris v. Wyeth Inc., No. 3:09-854 (W.D. La.).

On Oct. 18, Judge Robert G. James of the U.S. District Court for the Western District of Louisiana rejected the plaintiff's assertion that the defendant drug makers should have reported newly-identified risks via "Dear Doctor" letters. The Mensing court ruled that such letters contravene Food and Drug Administration regulations because they are inconsistent with the approved labeling.