High Court Refuses to Review 3rd Cir. Ruling that Avandia Marketing Claims Not Preempted

WASHINGTON, D.C. — The U.S. Supreme Court has denied GlaxoSmithKline’s request to review a 3rd Circuit U.S. Court of Appeals’ ruling that state law consumer protection claims asserted by health benefit plans against the drug maker in an Avandia false marketing case are not preempted by federal law.

The high court denied GSK’s petition for certiorari on Oct. 5.

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 …