Failure-To-Warn Claims Against Generic Reglan Makers Preempted, 5th Cir. Affirms

NEW ORLEANS – A failure-to-warn suit brought against the makers of generic Reglan is federally preempted pursuant to PLIVA Inc. v. Mensing, the 5th Circuit U.S. Court of Appeals has affirmed.

On Feb. 14, the appellate court rejected the plaintiff's argument that Mensing does not preempt her claim that the generic manufacturers failed to incorporate a 2004 labeling change for Reglan. Plaintiffs alleged the 2004 revision was inadequate, the appellate court explained, therefore the claim is preempted.

After taking generic Reglan for two years, Penny Morris allegedly developed tardive dyskinesia. She sued the makers of metoclopramide, Actavis Elizabeth LLC, Teva …