Connecting Off-Label Marketing To Use: Not Quite A To B

Law360, New York (June 7, 2012, 1:01 PM EDT) -- In a recent decision of first impression in the U.S. Court of Appeals for the Third Circuit, the court in In re: Schering-Plough Corp. held that two groups of plaintiffs lacked standing to pursue claims against pharmaceutical manufacturer Schering-Plough Corp. and its affiliated marketing and sales companies for marketing drugs for off-label uses.

Affirming the district court's decision, the Third Circuit dismissed the claims because the complaints failed to adequately plead the required injury-in-fact causation element.

Schering-Plough manufactured certain oncology and hepatitis drugs and purportedly advertised...
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