'Parallel' Claims Against Generic Reglan Makers are Not Preempted, Judge Rules

BURLINGTON, Vt. - Claims that generic manufacturers failed to disseminate information concerning the Food and Drug Administration's 2004 label change for Reglan are not preempted because they allege violations of state law duties that parallel federal requirements, a federal judge has ruled. Lyman v. Pfizer Inc., No. 2:09-262 (D. Vt.).

In the Feb. 3 order, however, Judge William K. Sessions III of the U.S. District Court for the District of Vermont dismissed claims that the generic manufacturers failed to strengthen or add to the federally approved warnings, ruling that they are preempted by PLIVA v. Mensing.

Colleen Lyman sued the …