'Puffery' Isn't Fraud, Says Drug Return Co. In $116M Case
By Dani Kass (February 23, 2017, 5:55 PM EST) -- Guaranteed Returns on Wednesday urged a Pennsylvania federal court to tell a jury that puffery or sales talk is not fraud, in the midst of a trial alleging that the company — which helps the government and providers return expired drugs — stole $116 million worth of refunds from pharmaceutical manufacturers.
The government's case so far has emphasized sales statements including that there's "an incentive to maximize your credits" and that the company "doesn't make money unless its customers make money" to try to prove a fraud, according to the motion. But Guaranteed Returns says that under Third Circuit precedent, such...
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