Feds Blast Drug Return Co.'s 'Puffery' Defense In $116M Fraud

By Dani Kass (February 27, 2017, 6:42 PM EST) -- Statements from Guaranteed Returns' promotional materials used while the company allegedly stole $116 million in refunds from pharmaceutical manufacturers can show it engaged in fraud and are not simply "puffery," Pennsylvania federal prosecutors argued Monday.

The company, which helps the government and providers return expired drugs, had filed a midtrial motion Wednesday, asking the court for a jury instruction that sales talk is merely puffery and not promises to customers. The government fought back, arguing that the statements are specific representations about the company's services, and that it's up to the jury to decide if that should be considered puffery....

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