‘Failure-to-Update’ Claims Preempted in Generic Reglan Case, La. Federal Judge Rules

BATON ROUGE, La. — Claims that the makers of generic Reglan failed to update their labels to incorporate additional FDA-approved warnings are federally preempted under Morris v. PLIVA Inc., a Louisiana federal judge has ruled upon a motion for reconsideration by the drug makers.

On Dec. 11, Judge Shelly D. Dick of the U.S. District Court for the Middle District of Louisiana explained that federal law prohibited the generic defendants from incorporating the additional changes unilaterally.

In May 1998, Robert Cooper was prescribed Reglan to treat his acid reflux; his prescription was filled with the drug’s generic equivalent, metoclopramide. In …