Failure-To-Warn, Misrepresentation Claims Against Makers of Reglan, Metoclopramide Fail, 9th Cir. Affirms

SAN FRANCISCO — Failure-to-warn claims brought against the makers of generic Reglan are preempted because they would require the defendant drug maker to change the approved label and chemical composition of its drug in violation of federal law, the 9th Circuit U.S. Court of Appeals has affirmed.

In a June 17 opinion, the appellate court further ruled that the plaintiff’s misrepresentation claims against the Reglan manufacturers are barred under Nevada law because those drug makers did not have a relationship with the generic defendants.

Mary Karen Moretti sued PLIVA Inc., alleging that her ingestion of metoclopramide caused her to contract …