the RLD holder for the combination product of 100 milligrams of propoxy-phene napsylate and 650 milligrams of acetaminophen. 4 . Three other courts of appeals have also concluded that breach of warranty claims against generic manufacturers are preempted. Schrock, 727 F.3d at 1289 ("In advancing their warranty claims, the Schrocks allege that [generic manufacturer] had a duty under state law to alter either the composition or the labeling, as broadly defined by the FDA, of its generic metoclopramide. Because [generic manufacturer] could not have taken either action under federal law, we conclude these claims are preempted."; Guarino, 719 F.3d at 1247-50 (finding all claims, including breach of warranty, based on allegedly inadequate warning and thus preempted); Morris, 713 F.3d at 778 (<HOLDING>)). 5 . In a footnote, Plaintiffs also argue
holding any claim that alleges generic manufacturers should have acted differently with respect to warnings is preempted recognizing that subject matter jurisdiction can be questioned at any time and with respect to any claim holding that the iccta preempted statelaw nuisance claim with respect to operation of side track holding misrepresentation claim to be preempted holding the same with respect to an apartment