• In Re Reglan Litigation: New Jersey Supreme Court Holds that Failure to Timely Update Claims against Generic Drug Manufacturers Are Not Pre-Empted by Federal Law
  • September 27, 2016 | Authors: Vincent R. Lodato; Beth S. Rose
  • Law Firm: Sills Cummis & Gross P.C. - Newark Office
  • On August 22, 2016, the New Jersey Supreme Court held in In re Reglan Litigation, Docket No. A-56-14 (N.J. Supreme Ct. Aug. 22, 2016), that federal law does not pre-empt state law claims alleging that a generic drug manufacturer failed to timely update the warnings for its product to match those of the brand-name counterpart. An analysis of the Court’s decision first requires a review of the United States Supreme Court’s decision in PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011).