Nexium Deceptive Marketing Action Tossed

Law360, New York (May 10, 2010, 3:20 PM EDT) -- A federal judge has dismissed a putative class action that alleged AstraZeneca Pharmaceuticals LP engaged in deceptive business practices by orchestrating a misleading marketing campaign for heartburn drug Nexium.

Judge Eduardo Robreno of the U.S. District Court for the District of Delaware on Thursday dismissed without prejudice a suit brought by the Pennsylvania Employee Benefit Trust Fund and others claiming Nexium was merely the drug Prilosec repackaged in a different form.

AstraZeneca obtained approval to sell Nexium the same year its patent on Prilosec expired, and...
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