In Re: Reglan Litigation(075269)

Summary

The New Jersey Supreme Court affirmed the Appellate Division, holding that federal preemption does not bar the plaintiffs' state‑law failure‑to‑warn claims against generic manufacturers of metoclopramide because the manufacturers could have complied with both federal labeling requirements and New Jersey’s product‑liability duty. The Court reasoned that the generic manufacturers failed to update their warnings to match the FDA‑approved brand‑name warnings, a violation of the PLA that does not conflict with federal law. The decision was rendered after de novo review of the preemption issue and the case was remanded for further proceedings on the merits.