Last week, the 9th U.S. Circuit Court of Appeals affirmed the dismissal (pdf) of a Racketeer Influenced and Corrupt Organizations Act class action accusing Amgen of falsely marketing its anemia medicines Epogen and Aranesp for off-label purposes such as heart failure and cancer. The case was tossed last year by Los Angeles federal district court Judge Philip Gutierrez.
The 9th Circuit concluded that none of the Amgen statements cited in the plaintiffs’ complaint were actually false or misleading when they were made. The panel also found that the class, led by the Sheet Metal Workers National Health Fund, failed to link the statements to any alleged injury to the class. (That’s a familiar refrain if you follow class action claims against pharma companies accused of false marketing. See here and here for other examples.)
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