7th Circ. Affirms Toss Of Schering-Plough Branding Suit

Law360, New York (October 29, 2009, 4:46 PM EDT) -- A federal appeals court has affirmed a judge's decision to dismiss a lawsuit Schering-Plough Healthcare Products Inc. brought against four drug companies over their marketing of a laxative as “prescription only.”

In a decision Thursday, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit said that it believed that Schering-Plough “jumped the gun” by suing the defendants before the U.S. Food and Drug Administration has addressed the misbranding issue at the heart of the case.

The case involves MiraLax, an over-the-counter oral...
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