Failure-To-Warn Claims Against Generic Reglan Makers Preempted, Judge Reiterates

MONROE, La. - A Louisiana federal judge has refused to alter or amend an earlier ruling that state law failure-to-warn claims brought against the makers of generic Reglan are preempted under PLIVA Inc. v. Mensing. Morris v. Wyeth Inc., No. 3:09-854 (W.D. La.).

Judge Robert G. James of the U.S. District Court for the Western District of Louisiana rejected the plaintiff's assertion that Mensing does not preempt her claim that the generic manufacturers failed to incorporate a 2004 labeling change for Reglan. Even if the drug makers had adopted the 2004 revision, the complaint would still allege that it sold …