Breach of Warranty Claims Against Generic Defendants Preempted, 10th Circuit Affirms

OKLAHOMA CITY — Breach of warranty claims levied against the makers of generic Reglan are federally preempted pursuant to the U.S. Supreme Court’s recent decision in Mutual Pharmaceutical Co. Inc. v. Bartlett, the 10th Circuit U.S. Court of Appeals has affirmed.

On Aug. 28, the appellate court also upheld dismissal of the plaintiff’s claims against the brand name drug makers, finding Oklahoma law does not impose a duty on brand-name drug manufacturers to consumers of a generic manufacturer's products.

In March 2000, Susan Schrock was prescribed Reglan metoclopramide to treat her acid reflux disease. Her prescription was filled with the …