3rd Circuit Court rules only FDA can regulate ads
Pharma Compliance Alert, August 29, 2007
The 3rd U.S. Circuit Court of Appeals recently upheld the dismissal of a class action lawsuit against Zeneca, saying the Food and Drug Administration (FDA) has "exclusive authority" to regulate prescription drug advertising.
The lawsuit accused Zeneca of misleading doctors and consumers by claiming its acid reflux drug Nexium was an improvement over Prilosec because the patent for Prilosec was set to expire.
The case, Pennsylvania Employees Benefit Trust, et al., vs. Zeneca, was filed in U.S. District Court in Delaware, alleging claims under the Delaware Consumer Fraud Act, consumer protection statues of the 50 states for false, misleading, and deceptive advertising, unjust enrichment, and negligent representation.
Click here to read the court's full opinion.
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