Belcher Pharmaceuticals, LLC v. Hospira, Inc., No. 20-10497 (11th Cir. 2021)
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Belcher filed suit against its competitor, Hospira, under the Lanham Act, alleging that the labels of two of Hospira's drug products falsely implied that the products and their uses were FDA-approved, and that Hospira's misrepresentations allowed it to cut into the sales of Belcher's drug. The district court granted summary judgment to Hospira.
The Eleventh Circuit concluded that the Lanham Act can peacefully coexist with the Food, Drug, and Cosmetic Act for many drug-related claims, including this one. Although Belcher's Lanham Act claim was not precluded by the FDCA, the court concluded that it also was not supported by evidence of any misleading statements on Hospira's labels. The court explained that, because Belcher never showed that Hospira made representations that misled consumers about the FDA's approval of its drug products, Hospira is entitled to summary judgment. Accordingly, the court affirmed the district court's judgment.
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