State Failure-To-Warn Claims Found Preempted

Law360, New York (October 27, 2008, 12:00 AM EDT) -- A federal judge has dismissed failure-to-warn claims against several generic-drug makers — including Teva Pharmaceuticals USA Inc. and Barr Pharmaceuticals Inc. — over a heartburn medication, ruling that the U.S. Drug Price Competition and Patent Term Act preempts the state law claims.

Judge Thomas B. Russell of the U.S. District Court for the Western District of Kentucky issued the three nearly identical opinions Friday in the cases where plaintiffs Alice Wilson, Dennis Morris and Lala Smith had alleged that metoclopramide, a generic equivalent of Wyeth Inc.'s...
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