‘Different Manufacturers Exception’ Does Not Save Failure-To-Warn Claims Against Generics Maker, Pa. Judge Rules

PITTSBURGH – The 'Different Manufacturers Exception' does not allow generic drug makers to independently change their warning labels to include risks that are not disclosed in the brand name label, a Pennsylvania state judge has ruled.

On April 11, Judge R. Stanton Wettick Jr. of the Allegheny County (Pa.) Court of Common Pleas concluded that failure-to-warn claims brought against the maker of generic Reglan are preempted pursuant to PLIVA Inc. v. Mensing.

Curt and Diane Krelic sued Mutual Pharmaceuticals Company Inc., accusing it of failing to warn of certain risks associated with metoclopramide. Mutual’s drug comes with the same warning …