Ethex Corp. v. First Horizon Pharmaceutical Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that to prevail under the literally-but-misleading theory a plaintiff “bears the ultimate burden of proving actual deception by using reliable consumer or market research”
• stating that this issue “is better left to the FDA” because “this Court would be forced to determine FDA policy in order to determine the truth or falsity of the ‘generic’ nomenclature”
• “The decisions in this area have refused to allow plaintiffs to state a claim based on implicit representations of FDA approval”
• “[T]his Court would be forced to determine FDA policy to determine the truth or falsity[,] . . . this type of claim is better left to the FDA who has the experience in enforcing and interpreting its own complicated regulations[.]”

Source: CourtListener parenthetical corpus (CC0).