Product Liability & Toxic Tort Litigation: Recent ‘Reglan’ Decision Chips Away at Preemption

December 14, 2016

In August 2016, the New Jersey Supreme Court examined the doctrine of preemption, and ruled that state law failure-to-warn claims against generic-drug manufactures are not preempted when the generic-drug manufacturer fails to timely update its warning labels following a label change to the brand-name drug. In re Reglan Litig., 226 N.J. 315, 336 (2016).

The court’s ruling in Reglan expanded a New Jersey consumer’s ability to recover against a generic-drug manufacturer under a state-law failure-to-warn claim—a claim that the manufacturers argued was preempted by federal law based on the U.S. Supreme Court’s holding in PLIVA v. Mensing, 131 S.Ct. 2567 (2011). This article will provide a brief background on federal preemption pre-Reglan, an analysis of the court’s decision, and future implications for consumers’ product liability suits.

To continue reading Michelle Bufano, Cassye Cole and Matthew Funk's article from the December 12, 2016 edition of the New Jersey Law Journal, please click here.