Claims Against Generic Reglan Makers Federally Preempted, Ala. Federal Judge Rules

MONTGOMERY, Ala. — Federal law preempts warning claims asserted against the makers of generic Reglan because it would be impossible for them to change the design or labeling of their generic drug while complying with federal regulations, an Alabama federal judge has ruled.

In an Aug. 3 order, Chief Judge William K. Watkins of the U.S. District Court for the Middle District of Alabama explained that any state law claim that would require a generic manufacturer to take unilateral action is preempted because the "duty of sameness" makes generic manufacturers dependent upon brand name drug makers.

In July 2010, Danny …