Failure-To-Warn Claims Against Metoclopramide Maker Preempted, Judge Rules

BATON ROUGE, La. — Failure-to-warn claims brought against Generics Bidco I LLC in connection with its generic Reglan are federally preempted because the drug maker cannot independently change its drug label while simultaneously complying with federal regulations, a Louisiana federal judge has ruled.

On Oct. 30, Judge Brian A. Jackson of the U.S. District Court for the Middle District of Louisiana also dismissed the plaintiff’s claims of breach of warranty and design defect, ruling that they were inadequately pleaded.

Milton Purvis sued Generics, alleging that his ingestion of generic Reglan (metoclopramide) from May 2008 through July 2010 caused him to …