In Re Epogen & Aranesp Offlabel Marketing & Sales Practices Litigation

How courts have described this case

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

• holding that state consumer fraud claims based on defendant’s alleged fraudulent statements made to promote off-label uses were not preempted by the FDCA
• holding that “[t]he existence of the FDCA does not completely preclude injured parties from asserting claims of fraud or false advertising. Other legislation, state and federal, remains in effect to protect consumers from false and deceptive prescription drug advertising”

Source: CourtListener parenthetical corpus (CC0).