Suit Against Generic Drug Maker is Not Preempted, Calif. Panel Rules

FRESNO, Calif. - State-law failure-to-warn claims brought against a generic drug manufacturer in a metoclopramide-related action are not preempted by federal law, a California appellate court has ruled, reversing a lower court judgment. McKenney v. Purepac Pharmaceutical Co., No. F052606 (Calif. App., 5th Dist.).

In a Sept. 25 order, a panel of the California Court of Appeal, 5th Dist., ruled that the U.S. Food and Drug Administration's requirement that a generic drug have the same labeling as the original name brand drug does not necessarily result in federal preemption of state-law failure-to-warn claims against the generic manufacturer.

Carlyne McKenney …