9th Circuit Won’t Rehear Pharma Co.’s Preempted UCL Claim Over ‘Copy’ Of Drug

Mealey's (November 14, 2022, 10:22 AM EST) -- SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals denied a pharmaceutical company’s petition for rehearing en banc of the panel’s affirmance on preemption grounds of the dismissal of its lawsuit against a compounding company for violating California’s unfair competition law (UCL) and other state laws by selling a compound it claimed was identical to its Food and Drug Administration-approved product....