Demahy v. Actavis, Inc.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case presents one issue on appeal: whether the federal regulatory regime governing pharmaceuticals preempts state-law failure-to-warn claims against manufacturers of generic drugs. The Supreme Court held, in Wyeth v. Levine, that such claims are not preempted against name brand drug manufacturers. 1 While not directing our result, it shadows our conclusion that the federal regulatory regime governing generics is also without preemptive effect.

I

Julie Demahy’s physician prescribed the drug Reglan to treat her gastroesophageal reflux. For the next four…