Judge Holds Firm on Dismissal of Fraud Claims from Chantix Suit

PHILADELPHIA - A judge has refused to reconsider a ruling to dismiss two fraud claims asserted by a former Chantix user who alleged that he developed a psychological disorder after taking the smoking cessation drug. Kline v. Pfizer Inc., No. 08-3238 (E.D. Pa.).

Judge Robert F. Kelly of the U.S. District Court for the Eastern District of Pennsylvania said Jan. 6 that Brian Kline's personal injury claims alleging fraudulent misrepresentation and concealment are undoubtedly based on Pfizer Inc.'s failure to warn of dangers associated with Chantix. Therefore, Judge Kelly said, the causes of action are subject to Pennsylvania law, which …