1. Schering-Plough Healthcare Prods. v. Schwarz Pharma, Inc., Nos. 09-1438, 09-1462, 09-1601, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, September 15, 2009, Argued, October 29, 2009, Decided
OVERVIEW: False advertising claims under the Lanham Act, 15 U.S.C.S. § 1125(a)(1)(B), were properly dismissed without prejudice as unripe because the FDA had not issued a final decision on the merits of whether labels on generic laxatives were misbranded for indicting that the generics were prescription-only, when they were available over-the-counter.
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