Actavis Failure-To-Warn Suit Not Preempted: Judge

By Richard Vanderford

Law360, New York (February 23, 2010, 3:15 PM ET) -- A court has ruled that federal law does not preempt state failure-to-warn claims against Actavis Inc. over allegedly negligent labeling, shutting down the generic-drug maker's attempt to toss the suit.

The Federal Food, Drug and Cosmetic Act is not the beginning and end of drug labeling law, Judge Sara Lioi of the U.S. District Court for the Northern District of Ohio said in a ruling issued Friday.

Actavis had asked the court to dismiss a suit over injuries related to its generic version of Reglan, a...
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