Claims Against Metoclopramide Makers Preempted, Federal Judge Rules

MINNEAPOLIS - Claims of misbranding/failure to communicate, failure to conduct post-market safety surveillance and failure to report data brought against the makers of generic Reglan are grounded in failure to warn and therefore preempted by federal law, a Minnesota federal judge has ruled. Moretti v. Mutual Pharmaceutical Co., et al., No. 10-896 (D. Minn.).

On Feb. 13, Chief Judge Michael J. Davis of the U.S. District Court for the District of Minnesota held that the reasoning in PLIVA Inc. v. Mensing (--- U.S. ----, 131 S. Ct. 2567, 180 L.Ed.2d 580 [2011]) applies to these claims.

Karen Moretti sued Mutual …