Failure-To-Update Claims Against Generic Makers are ‘Parallel,’ Not Preempted, Mo. Federal Judge Rules

KANSAS CITY, Mo. — Claims accusing metoclopramide makers of failing to incorporate changes made to the Reglan label are not federally preempted because they are “parallel” to federal requirements and are not veiled attempts to enforce FDCA violations, a Missouri federal court has ruled.

On July 30, Judge John A. Ross of the U.S. District Court for the Eastern District of Missouri also refused to dismiss claims against patient education monograph publishers, finding the plaintiffs sufficiently stated a duty owed by those defendants.

Denise Neeley, a Kentucky resident, was prescribed Reglan in November 2006 to treat her gastroesophageal reflux disease …