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Mass. Ruling Doesn't End NJ Eyedrops Case, 3rd Circ. Told

Law360, New York (October 12, 2017, 5:15 PM EDT) -- A potential class of eyedrops users alleging generic-drug makers such as Sandoz Inc. boosted prescription sales by using bottles that dispensed larger-than-needed drops told the Third Circuit Wednesday that a suit tossed in Massachusetts shouldn't end theirs.

An attorney for the patients blasted a Massachusetts federal judge’s finding in Gustavsen v. Alcon Laboratories Inc. — which involves the same defendants — that the drug companies couldn’t make the product changes the plaintiffs contended were required by state law without violating federal law, responding to the companies’...
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