FDCA Precludes Wyeth Protonix Lanham Suit: Court

Law360, New York (March 3, 2010, 6:51 PM EST) -- A federal judge has dismissed Wyeth's lawsuit accusing Sun Pharmaceutical Industries Ltd. of falsely advertising its medication as a generic form of Wyeth's heartburn drug Protonix, ruling that the Federal Food, Drug and Cosmetic Act precludes the pharmaceutical giant's Lanham Act claims.

Judge Lawrence P. Zatkoff of the U.S. District Court for the Eastern District of Michigan decided Tuesday that the U.S. Food and Drug Administration is better equipped than the court to handle the dispute over whether the generic made by Sun and its U.S....
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