Claims Against Metoclopramide Maker Federally Preempted, 4th Circuit Affirms

RICHMOND, Va. — State law claims brought against PLIVA USA Inc. in connection with its manufacture of generic Reglan are federally preempted because it is impossible for the drug maker to change its drug labels to add additional warnings while complying with federal law, the 4th Circuit U.S. Court of Appeals has ruled.

On Jan. 28, the appellate court found that all of the plaintiff’s claims were grounded in failure-to-warn and therefore fell within the ambit of PLIVA Inc. v. Mensing (131 S. Ct. 2567 [2011]).

Shirley Gross was prescribed Reglan in 2006 to treat her gastroesophageal reflux disease. …