Federal MDL Judge Tosses Fraudulent Marketing Suit Against Amgen

LOS ANGELES - A federal judge has dismissed the off-label marketing and sales practices multidistrict litigation against the maker of Epogen and Aranesp, ruling that the amended complaint lacks particularized facts supporting claims that Amgen fraudulently misrepresented the effectiveness of the drugs. In re Epogen and Aranesp Off-Label Marketing and Sales Practices Litigation, No. MDL 08-1934 (C.D. Calif.).

On June 17, U.S. District Judge Philip S. Gutierrez of the U.S. District Court for the Central District of California found that plaintiffs failed to explain how Amgen's statements and promotional materials were false or deceptive.

Amgen is accused by the …