Drug Makers Fight Class Action Over Lice Treatment

Law360, New York (October 1, 2007, 12:00 AM EDT) -- A group of pharmaceutical companies wants a court to summarily dismiss a consumer class action over its head lice medications on grounds that the claims are preempted by federal laws governing the labeling of over-the-counter drugs.

In a motion for summary judgment filed Friday in the U.S. District Court for the Eastern District of Texas, the drug manufacturers argued the claims were preempted by the 1997 U.S. Food and Drug Administration Modernization and Accountability Act, and were in direct conflict with the federal Food Drug and...
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