Plaintiff May Re-Plead Botox Fraud Claims, Judge Rules

LOS ANGELES - A California federal judge has allowed a plaintiff to amend his complaint to properly allege that Allergan violated California's false advertising and unfair competition laws by improperly marketing its anti-wrinkle drug, Botox Cosmetic, to physicians and consumers. Goldsmith v. Allergan Inc., No. 09-7088 (C.D. Calif.).

On Jan. 13, Judge Philip S. Gutierrez of the U.S. District Court for the Central District of California ruled that plaintiff failed to state with requisite particularity how Allergan fraudulently marketed Botox as a "multi-use" product.

Ivan Goldsmith accuses Allergan of encouraging physicians to use a single vial of Botox for more …