Tag Archives: fda

implied claims of FDA approval actionable under Lanham Act

Kurin, Inc. v. Magnolia Medical Technologies, Inc., 2019 WL 5422931, No.: 3:18-cv-1060-L-LL (S.D. Cal. Oct. 23, 2019) Kurin developed the Kurin Lock, a “specimen diversion device that reduces the risk of blood culture contamination and associated false positive blood culture … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

pharmaco gets summary judgment against compounder on falsity/unlawfulness

Allergan USA, Inc. v. Imprimis Pharmaceuticals, Inc., 2019 WL 4545960, No. 17-cv-01551-DOC-JDE (C.D. Cal. Mar. 27, 2019) The parties compete in the market for ophthalmic drugs. Imprimis sells its ophthalmic drugs pursuant to Sections 503A and 503B of the FDCA … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

coconut milk could mislead by claiming “no cholesterol” where it’s too high fat for that label

Marshall v. Danone US, Inc., No. 19-cv-01332-RS, 2019 WL 4509045, — F. Supp. 3d — (N.D. Cal. Sept. 13, 2019) Marshall brought a putative class action alleging false advertising (the usual California claims) against Silk coconut milk, which on its … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

She don’t lie, but the pharmaco might: cocaine false advertising case continues

Genus Lifesciences Inc. v. Lannett Company, Inc., 2019 WL 1981186, No. 18-cv-07603-WHO (N.D. Cal. May 3, 2019) Genus competes with Lannett in the market for cocaine hydrochloride nasal spray. It sued Lannett for false advertising and maintaining a monopoly related … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

false advertising claim based on alleged misbranding of drug as supplement fails

Amarin Pharma, Inc. v. Int’l Trade Comm’n, Nos. 2018-1247, 2018-114, 2019 WL 1925649, — F.3d – (Fed. Cir. May 1, 2019) The court of appeals upheld the ITC’s decision not to institute an investigation into Amarin’s complaint of an unfair … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Compounder’s claims of FDA approval/legality were literally false and material

Allergan USA, Inc. v. Prescribers Choice, Inc., No. 17-cv-01550-DOC-JDE, 2019 WL 650424 (C.D. Cal. Jan. 11, 2019) Allergan “markets a portfolio of leading medical brands and products.” Prescriber’s Choice and Sincerus have common ownership and work together: “Sincerus produces drugs; … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

FDCA preempts arguments that structure/function claims in fact mislead about disease prevention

Dachauer v. NBTY, Inc., — F.3d —-, 2019 WL 150016, No. 17-16242 (9th Cir. Jan. 10, 2019) Defendants make vitamin E supplements that claim, on their labels, to “support cardiovascular health” and to “promote[ ] immune function,” “immune health,” “heart … Continue reading

Posted in Uncategorized | Tagged , , , , | Leave a comment