Off-Label Marketing Claims Against Schering Tossed

Law360, New York (July 14, 2009, 12:00 AM EDT) -- A federal judge has thrown out a putative class action accusing Schering-Plough Corp. of causing economic losses to a group of health and welfare funds, third-party payors, and individual consumers by illegally marketing its drugs Intron-A and Temodar for off-label uses, ruling that the plaintiffs failed to prove their theories of injury.

In an decision Friday, Judge Stanley Chesler of the U.S. District Court for the District of New Jersey disagreed with the plaintiffs' contention that the pharmaceutical giant was liable merely because it promoted the...
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