Peter Goss Comments on Emerging Appellate Split on Generic Drug Preemption

Peter Goss commented for Law360 on a recent ruling by the New Jersey Supreme Court finding no federal preemption where the generic drug manufacturer’s label for metoclopramide (Reglan) did not match that of the brand.  (“NJ Reglan Ruling Widens Generic Label Preemption Split,” available with subscription here.)  Goss noted that the decision conflicted with Fifth and Sixth Circuit rulings that failure-to-warn claims against generic Reglan manufacturers were preempted, even though the generic and brand labels did not match.  “This could mean that at some point, the U.S. Supreme Court is going to need to resolve the split,” Goss noted.  


Mr. Goss focuses his national practice on pharmaceutical and medical device product liability litigation and toxic torts. He has represented global pharmaceutical, medical technology, and chemical firms in hundreds of cases. Mr. Goss often serves as “science counsel” in life sciences litigation. He collaborates with leading experts to present complex medical and scientific evidence, both in dispositive motions and at trial. He is a frequent commentator on scientific evidence, products liability, and legal developments of interest to his clients.

Blackwell Burke P.A., a litigation and trial boutique in Minneapolis, Minnesota, serves as national trial and litigation counsel for several Fortune 500 companies. The firm has extensive experience in class action defense, commercial litigation, food industry defense, labor and employment, and products liability. The firm has represented corporate clients in state and federal courts throughout the country and in several foreign jurisdictions.

For more information about Blackwell Burke P.A. or Mr. Goss, please contact Kandy Branch at 612-343-3235 or [email protected]