Reglan Suits Not Preempted By Federal Law, NJ Justices Say
Law360, New York (August 22, 2016, 10:43 AM EDT) -- The New Jersey Supreme Court on Monday said that consumers’ state law claims that makers of generic Reglan didn’t adequately warn about the heartburn medication’s neurological risks aren’t preempted by federal law.
The state high court unanimously upheld a lower court’s 2014 ruling that allowed consumers to go forward with claims that the generics manufacturers — including Pliva Inc., Actavis Elizabeth LLC, and Teva Pharmaceuticals USA Inc. — wrongly delayed changing their labeling for metoclopramide products to match the brand-name product's labeling.
The New Jersey Supreme Court ruled that since the manufacturers didn’t match their label to that of the brand-name...
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