Metoclopramide Breach of Warranties Claims Federally Preempted, Judge Rules

OKLAHOMA CITY - Breach of warranties claims brought against the maker of generic Reglan are federally preempted pursuant to the U.S. Supreme Court's decision in PLIVA Inc. v. Mensing, an Oklahoma federal judge has ruled. Schrock v. PLIVA USA Inc., No. 08-453 (W.D. Okla.).

On Dec. 8, Chief Judge Vicki Miles-LaGrange of the U.S. District Court for the Western District of Oklahoma ruled that the claims accuse Qualitest Pharmaceuticals of marketing metoclopramide as safe for its intended uses. However, federal law barred Qualitest from independently changing its safety labels, the judge explained.

In March 2000, Susan Schrock was prescribed metoclopramide …