Failure-To-Warn Claims in Metoclopramide Case Preempted, Federal Judge Rules

HOUSTON - A Texas federal judge has dismissed failure-to-warn claims brought against the makers of generic Reglan, ruling that they are preempted because the Food and Drug Administration approved the drug makers' warnings. Eckhardt v. Qualitest Pharmaceuticals Inc., et al., No. M-11-235 (S.D. Texas).

On April 30, Judge Micaela Alvarez of the U.S. District Court for the Southern District of Texas ruled that the claims are preempted under Pliva Inc. v. Mensing and Texas state law.

Roy Eckhardt sued Qualitest Pharmaceuticals Inc. and Vintage Pharmaceuticals LLC, alleging that his ingestion of generic Reglan caused him to develop tardive dyskinesia. The …