3rd Cir. Panel Reinstates Avandia False Marketing Action, Finds Claims Not Preempted

PHILADELPHIA — A federal appeals panel has reinstated a lawsuit in which two health benefit plans accuse GlaxoSmithKline of concealing the risks posed by its type-2 diabetes drug Avandia, ruling that the state law consumer protection claims are not preempted by federal law.

In a Dec. 17 opinion, the 3rd Circuit U.S. Court of Appeals panel found GSK did not provide “clear evidence” that the Food and Drug Administration would not have approved the addition of enhanced warnings on Avandia’s label.

The appellate panel further found the trial court erred in granting summary judgment on the RICO claims without allowing …