Class Action Over Cephalon Off-Label Claims Tossed

Law360 (October 9, 2009, 2:08 PM EDT) -- Cephalon Inc. has won dismissal of a putative class action brought by a group of municipal benefit funds over the pharmaceutical company's alleged efforts to market three drugs for uses that did not have regulatory approval.

Judge Mary L. Cooper of the U.S. District Court for the District of New Jersey dismissed the complaint Wednesday after concluding that the plaintiffs had failed to allege the facts needed to support their claims. Part of the case was dismissed without prejudice.

The suit claims Central Regional Employees Benefit Fund and other benefit funds have lost "tens of millions of dollars" because they provided...

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