Pfizer Ducks FCA Suit Over Lipitor Marketing Practices

Law360, New York (November 15, 2012, 5:41 PM EST) -- A New York federal judge on Wednesday threw out an 8-year-old False Claims Act suit from a former Pfizer Inc. medical director claiming the company engaged in off-label marketing of its statin Lipitor, ruling that federal cholesterol guidelines are meant to be advisory rather than restrictive limitations.

In dismissing qui tam plaintiff Jesse Polansky's fifth amended complaint, U.S. District Judge Brian M. Cogan said that the National Cholesterol Education Program guidelines fall within the standard, noncompulsory definition of the term "guidelines." As long as Pfizer is...
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