New Jersey Supreme Court affirms two lower court rulings that let stand failure-to-warn claims

“[P]laintiffs’ state-law failure-to-warn claims based on the alleged inadequate labeling of metoclopramide — labeling that did not mimic the brand-name labeling — are not preempted by federal law. We therefore affirm the judgment of the Appellate Division, which upheld the trial court’s denial of defendants’ motions to dismiss those claims.”

Read the opinion, handed down Aug. 22, 2016.