False Advertising, Fraud Claims Survive Dismissal in Botox Case

LOS ANGELES - A doctor who claims that Allergan Inc. improperly marketed its anti-wrinkle drug Botox Cosmetic has sufficiently pleaded state law claims of false advertising and fraud-based unfair competition, a California federal judge has ruled. Goldsmith v. Allergan Inc., No. 09-7088 (C.D. Calif.).

However, Judge Philip S. Gutierrez of the U.S. District Court for the Central District of California dismissed the plaintiff's UCL claim to the extent that it alleges violations of the Food Drug and Cosmetic Act or related Food and Drug Administration regulations.

Ivan Goldsmith has accused Allergan of encouraging physicians to use a single vial of …