Claims Against Drug Makers Barred by Product Identification, Preemption, Iowa Court Affirms

DES MOINES, Iowa — Failure-to-warn claims brought against the makers of Reglan are barred under Iowa law because the plaintiff only ingested the drug’s generic equivalent, the Iowa Court of Appeals has affirmed.

On April 24, the appellate court further held that the plaintiff’s claims against the makers of the generic drug are preempted under PLIVA Inc. v. Mensing.

Theresa Huck was prescribed Reglan on Feb. 11, 2004, and took the drug until March 2006. All of her prescriptions were filled with the drug’s generic equivalent, metoclopramide, manufactured by PLIVA Inc.

Reglan’s 2002 labeling included a warning that use of …