Actavis Ducks Endo's Opana False Ad Suit In NJ

Law360, New York (September 04, 2013, 4:04 PM ET) -- A New Jersey federal judge on Tuesday nixed a false advertising and consumer fraud suit brought by Endo Pharmaceuticals Inc. against Actavis Inc. over generic versions of its Opana ER painkiller, saying he would defer to the Food and Drug Administration on a key issue over the drug’s formulation.

U.S. District Judge Dennis M. Cavanaugh declined to rule on whether the FDA AB-rating Actavis received for the generic version of Endo’s non-crush-resistant Opana also covers a newer formulation of the drug, which is crush-resistant.

The distinction...
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