Failure-To-Update Claims Against Generic Reglan Makers Not Preempted, N.J. Appeals Court Affirms

CAMDEN, N.J. — Claims accusing the makers of generic Reglan of failing to update their labels by incorporating changes made to the warnings on the brand name label are not preempted because the defendants are required by federal law to incorporate such updates, a New Jersey appeals court has affirmed.

In a Nov. 12 opinion, the New Jersey Superior Court, Appellate Division, ruled that allowing plaintiffs to assert these claims would not frustrate any of the purposes or objectives that Congress sought to achieve in the Hatch-Waxman Amendments to the Food, Drug and Cosmetic Act.

In November 2010, plaintiffs filed …