Idaho Court Dismisses Novartis Brethine Action for Lack of Personal Jurisdiction

BOISE, Idaho — An Idaho judge has dismissed a lawsuit targeting the asthma drug Brethine, ruling that Novartis’ marketing efforts directed toward the state are not sufficient to establish personal jurisdiction because they took place seven years before the plaintiff was prescribed the drug.

In a July 13 order, the Ada County (Idaho) District Court further noted that the plaintiff was accusing Novartis of misrepresenting the safety of the drug as a tocolytic to prevent or inhibit preterm labor, but the drug maker was not promoting the drug in Idaho for that use.

The Food and Drug Administration approved the …