Claims Against Generic Reglan Maker Preempted, La. Federal Judge Rules

BATON ROUGE, La. — State law failure-to-warn claims brought against Generics Bidco I LLC in connection with its generic Reglan are federally preempted because it was impossible for Bidco to satisfy its state law duty to enhance the drug’s warning while simultaneously complying with federal regulations, a Louisiana federal judge ruled.

On Oct. 30, Judge Brian A. Jackson of the U.S. District Court for the Middle District of Louisiana further ruled that the plaintiff failed to adequately plead his claims of design defect and breach of express warranty.

Charles Pirello sued Generics Bidco I LLC and Qualitest Pharmaceuticals Inc., alleging …