Breach of Warranty Claims in Generic Dilatin Case Preempted, N.Y. Federal Judge Rules

BUFFALO, N.Y. - A New York federal judge has dismissed as preempted breach of warranty claims levied against the manufacturer of a generic equivalent of the anticonvulsant drug Dilatin, explaining that they would require the drug maker to change its label and issue new warnings, in contravention of federal law.

In a March 30 text order, Judge Richard J. Arcara of the U.S. District Court for the Western District of New York adopted a magistrate judge’s finding that the plaintiff's breach of warranty claims sounded in failure to warn and are therefore preempted pursuant to PLIVA v. Mensing.

From March …