Judge Refuses To Toss Botox Marketing Class Action
Law360, New York (May 26, 2011, 6:13 PM EDT) -- A California federal judge on Wednesday largely preserved a putative class action accusing Allergan Inc. of improperly encouraging physicians to use a single vial of its blockbuster wrinkle-treating drug Botox for more than one patient without disclosing the alleged safety risks.
In several respects, U.S. District Judge Philip S. Gutierrez disagreed with Allergan that a sixth amended complaint filed by named plaintiff Dr. Ivan Goldsmith should be dismissed because its claimed violations of state False Advertising Law and Unfair Competition Law are insufficiently pled and because they represented impermissible attempts to privately enforce the Federal Food, Drug and Cosmetics Act....
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