Failure-To-Warn Claims Against Teva, Watson Not Preempted, Texas Federal Judge Rules

CORPUS CHRISTI, Texas — Failure-to-warn claims brought against Teva Pharmaceuticals USA Inc., Watson Laboratories Inc. and Watson Pharma Inc. in connection with their manufacture of generic metoclopramide are not federally preempted because they allegedly failed to update their labels to match FDA-approved Reglan label changes, a Texas federal judge has ruled.

However, in a March 7 order, Judge Nevla Ramos of the U.S. District Court for the Southern District of Texas found the failure-to-warn claims against PLIVA Inc., Barr Laboratories Inc. and Barr Pharmaceutical Inc. are preempted because they were not accused of failing to update their labels.

Maria Garza …