Corrected: Federal Law Shields Drug Giant, Court Says

Law360 (August 21, 2007, 12:00 AM EDT) -- An appeals court has tossed out a potential class action against AstraZeneca alleging deceptive advertising in its marketing of blockbuster Nexium, ruling the state consumer protection claims were preempted by federal law.

The U.S. Court of Appeals for the Third Circuit on Friday affirmed a district court's dismissal of the suit, holding advertising for AstraZeneca's Nexium was the exclusive domain of the Food and Drug Administration.

In a majority decision, the circuit court ruled that the ads were regulated by the federal Food, Drug and Cosmetic...
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