High Court Declines to Review Ruling that Failure-To-Update Claims are Not Preempted

WASHINGTON, D.C. — The U.S. Supreme Court has declined to review an Iowa Supreme Court ruling that claims accusing a generic drug manufacturer of failing to update its label to include 2004 changes made to the brand name label are not preempted.

On March 30, the high court denied PLIVA Inc.’s petition for certiorari, in which the drug maker challenged the Iowa court’s determination that “the facts of this case present a narrow path around Mensing preemption.”

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