In Guarino v. Wyeth, LLC, No. 12-13263 (11th Cir. June 25, 2013), the Eleventh Circuit affirmed the dismissal of plaintiff’s claim based upon the defendant generic drug maker alleged failure to communicate information about label changes approved for the branded version of the drug at issue. The court held that the generic drug maker defendant was bound by federal law not to change its labels absent direction from the FDA, which was lacking here, and plaintiff’s ‘failure to communicate’ claim was merely a disguised ‘failure to warn’ claim that was pre-empted. Plaintiff also sued the makers of the brand-name version of the drug, alleging that it had failed to communicate information concerning a recent label change it had made, but the court noted that because plaintiff had not taken those brand-name drugs, she could state no cause of action against their makers.