‘Sameness’ Claims Against Generic Reglan Maker Preempted, Minn. Federal Judge Rules

MINNEAPOLIS - Claims that metoclopramide maker PLIVA Inc. did not meet its duty of “sameness” by failing to include a warning added to the Reglan label in 2004 are preempted by federal law, a Minnesota federal judge has ruled.

On Jan. 9, Judge Paul A. Magnuson of the U.S. District Court for the District of Minnesota held that federal law precludes any private cause of action for enforcement of Food and Drug Administration requirements.

Marilyn Abicht took Reglan for digestive tract issues from 1998 to 2008. During that time, she was often given the drug’s generic equivalent, metoclopramide, manufactured …