Judge Orders Parties to Brief Post-Mensing Liability for Off-Label Promotion

NEW ORLEANS — A Louisiana federal judge has refused to dismiss claims that drug makers marketed generic metoclopramide as a treatment for morning sickness without providing proper warnings, finding that the parties failed to fully address post- Mensing liability for off-label promotion of a generic drug. Whitener v. PLIVA Inc., No. 10-1552 (E.D. La.).

On June 4, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana ordered the parties to brief the issue of whether generic drug makers can be held liable for promoting a drug for off-label use in violation of Food and …