3rd Cir. Denies GSK’s Motion for Rehearing in Avandia False Marketing Case

PHILADELPHIA — The 3rd Circuit U.S. Court of Appeals has refused to revisit its ruling that state law consumer protection claims asserted by health benefit plans against GlaxoSmithKline in an Avandia false marketing case are not preempted by federal law.

On Jan. 29, the appellate court denied GSK’s motion for rehearing en banc.

Two health benefit plans sued GSK under various state consumer protection laws and the Racketeer Influenced and Corrupt Organizations Act. The complaint said GSK falsely marketed Avandia and concealed data as to its potential cardiovascular risks and side effects. The plans say they would not have …