Acella Loses Bid To Nix False Ad Suit Over Vitamin Labels

Law360, New York (August 31, 2011, 2:01 PM EDT) -- A Georgia federal judge on Tuesday refused to nix Sciele Pharma Inc.'s suit accusing rival pharmaceutical company Acella Pharmaceuticals LLC of falsely advertising and misleading pharmacists about the contents of its competing prescription prenatal vitamins.

In denying the parties' cross-motions for summary judgment, U.S. District Judge Julie E. Carnes ruled that Sciele had presented sufficient evidence in support of its claims that Acella falsely labeled its PNV and PNV-DHA vitamins as containing the same combination and amounts of the natural folate L-Methylfolate as Sciele's Prenate Elite...
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