New Jersey High Court Says Failure To Update Drug Labels Isn’t Preempted

(August 23, 2016, 12:49 PM EDT) -- TRENTON, N.J. — The New Jersey Supreme Court on Aug. 22 affirmed trial court and appellate court rulings that failure-to-warn claims involving generic versions of the heartburn drug Reglan are not preempted if plaintiffs can show that the generic manufacturers failed to timely update their labels to warn that long-term use of the drug can result in permanent neurological injury (In Re: Reglan Litigation, No. 075269, N.J. Sup.; 2016 N.J. LEXIS 857).

(Opinion available. Document #28-160901-003Z.)

In 2004, the brand-name manufacturer of Reglan received approval from...
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