The US Court of Appeals for the Eighth Circuit recently held that "failure to warn" claims brought against generic manufacturers of Reglan® (a prescription drug used to treat certain gastric disorders) were not preempted by federal law and could therefore proceed to discovery. The Eighth Circuit's decision in Mensing v. Wyeth, Inc. rejected the generic manufacturers' argument that the Food, Drug and Cosmetic Act (FDCA) impliedly preempted state law tort claims relating to the labeling of the drug. After four years of ingesting generic metoclopramide, the plaintiff in Mensing allegedly developed a neurological condition known as tardive dyskinesia. The plaintiff's suit asserted various tort claims against both the manufacturers of the generic metoclopramide she had ingested and the manufacturers of brand name Reglan. At their core, all of the plaintiff's claims were premised on a failure to warn theory.