We've read Phelps v. Wyeth Inc., No. 09-6168, slip op.(D. Or. April 2, 2013) (also at 2013 WL 1403060). In general, Phelpsis another rather dismal Fulgenzi-type decision holding involving metoclopramide and holding both that failure-to-update claims are not preempted (expressly or impliedly) and state a state-law cause of action. It’s not good news for generic manufacturers who don’t keep up with their FDCA “sameness” requirements, but in the larger scheme of things it’s not a claim that should recur (now that generic manufacturers fully grasp the post-Mensing litigation importance of carefully maintaining their “sameness”), nor is it one that is likely to spread (since “sameness” is not an attribute of branded drugs or PMA devices – or products generally).