'Failure-To-Update' Claims Not Federally Preempted, Texas Federal Judge Rules

CORPUS CHRISTI, Texas — A Texas federal judge has refused to dismiss a suit accusing the makers of generic Reglan of failing to update their labels to incorporate changes to the Reglan label, explaining that the claims are not federally preempted.

On June 28, Judge Nevla Ramos of the U.S. District Court for the Southern District of Texas explained that the duty to provide up-to-date labels warning about the known dangers of generic drugs is not preempted under PLIVA v. Mensing.

Maria Garza alleges she developed tardive dyskinesia as a result of taking Reglan’s generic equivalent, metoclopramide, over an extended …