5th Circuit Upholds Dismissal of Claims Against Generic, Brand Name Reglan Makers

NEW ORLEANS — Failure-to-warn and design defect claims brought against the makers of generic Reglan are preempted because the drug makers are barred by federal law from altering the labels or compositions of their drugs, the 5th Circuit U.S. Court of Appeals has affirmed.

On July 11, the appellate majority further ruled that the plaintiffs’ claims against the brand name makers of Reglan are also barred under Louisiana law because the plaintiff never ingested their drugs.

Tina Johnson sued Wyeth LLC, Schwarz Pharma Inc., Alaven Pharmaceuticals Inc., Qualitest Inc. and Teva Pharmaceuticals USA Inc. in the U.S. District Court for …