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Allergan Must Face Suit Over Botox Labeling: 9th Circ.

Law360, New York (September 2, 2014, 7:09 PM EDT) -- Allergan Inc. will have to face a derivative suit alleging its board improperly marketed the cosmetic drug Botox for off-label uses, the Ninth Circuit ruled Tuesday, finding the plaintiffs had alleged enough specific facts to move forward with their complaint without first making a demand on the board.

The plaintiffs allege the board members either made plans to illegally market the drug for off-label uses or consciously decided not to act when faced with “red flags,” FDA warning letters and other obvious signs of wrongdoing at...
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