On Wednesday, January 16, 2013, CCL Senior Litigation Counsel Louis Bograd appeared before a panel of the United States Court of Appeals for the Sixth Circuit to argue the case of Fulgenzi v. Pliva, Inc. Eleanor Fulgenzi developed tardive dyskinesia, a serious neurological disorder, as a result of her long-term use of the generic prescription drug metoclopramide manufactured by defendant Pliva. The FDA had only approved metoclopramide for short-term use of up to twelve weeks, but Pliva failed to include a warning that “metoclopramide use should not exceed 12 weeks in duration,” which the FDA had approved for the label of Reglan, the brand-name equivalent for metoclopramide. The central issue in this appeal is whether Pliva’s failure to include this FDA-mandated warning distinguishes this case from Pliva, Inc. v. Mensing, in which the Supreme Court held that most failure-to-warn claims against generic drug manufacturers are preempted on grounds of impossibility, because federal law prohibits generic drug companies from providing warnings that differ from those provided by the equivalent brand-name product. Fulgenzi is one of a number of post-Mensing appeals currently being considered by various federal circuits.