She don't lie, but the pharmaco might: cocaine false advertising case continues

Genus Lifesciences Inc. v. Lannett Company, Inc., 2019 WL 1981186, No. 18-cv-07603-WHO (N.D. Cal. May 3, 2019)Genus competes with Lannett in the market for cocaine hydrochloride nasal spray. It sued Lannett for false advertising and maintaining a monopoly related to Lannett’s production of C-Topical, a cocaine hydrochloride solution that competes with Genus’ own cocaine hydrochloride solution, Goprelto. At its core, the complaint alleged that Lannett falsely advertised C-Topical as FDA-approved. Genus also sued First Databank, “a pricing list company that compares drug products and their prices so that wholesalers and customers can see all the alternatives available for a particular medication,” for false advertising and contributory false advertising. Here, Judge Orrick declined to dismiss all claims against Lannett, but kicked First Databank out because its challenged statement in the pricing list was not “commercial speech” and First…

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