Off-label marketing lawsuits against Schering-Plough consolidated
Pharma Compliance Alert, September 12, 2007
Eight putative cases pending in U.S. District Court in New Jersey against Schering-Plough were consolidated into one on August 16.
The suits concern Intron-A, Temodar, PEG-Intron, Intergrilin, and Fareston. Instead of claiming users suffered ill effects from the drugs, the suits claim Schering's sales force promoted off-label uses of the drugs.
The suits also allege fraud under the New Jersey Consumer Protection Act; unjust enrichment, civil conspiracy, common-law fraud, and negligent misrepresentation.
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