Schering-Plough Loses Suit Over Laxative Marketing

Law360, New York (March 4, 2008, 12:00 AM EST) -- A dispute among five drug companies about the marketing of a type of laxative as “prescription only” has resulted in a setback for Schering-Plough Healthcare Products Inc., with a judge denying the company's motion for summary judgment and agreeing to dismiss the case.

The case involves MiraLax, an over-the-counter oral laxative marketed by Schering-Plough. The company had sued four companies that produce a generic, prescription version of the same drug, polyethylene glycol 3350.

Schering-Plough alleged that in marketing their product as “prescription only,” the defendants were...
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