Failure-To-Update Claims Against Generic Drug Maker Not Preempted, Iowa High Court Rules

DES MOINES, Iowa — State law claims brought against a generic Reglan manufacturer are not preempted to the extent that they accuse the drug maker of failing to implement a stronger warning for the name brand drug approved by the FDA in 2004, the Iowa Supreme Court has ruled.

However, in the July 11 opinion, the court upheld a trial court’s award of summary judgment to the makers of name brand Reglan on the basis that the plaintiff never ingested that drug.

Theresa Huck was prescribed Reglan on Feb. 11, 2004, and took the drug until March 2006. All of …