Drug Compounding Appeal Hinges on 2022 Decision, Judge Suggests

July 21, 2023, 10:18 PM UTC

A drug compounding dispute will allow the Ninth Circuit to again decide if a manufacturer of drugs approved by the FDA can sue a competitor over its sale of similar non-approved drugs.

The suit, filed by Hope Medical Enterprises Inc., claims that Fagron Compounding LLC’s sales of drugs not approved by the FDA are unfair competition and violate several states’ consumer protection laws. Fagron is an pharmaceutical drug compounding company. and is a competitor with Hope Medical.

Judge Jacqueline Nguyen of the US Court of Appeals for the Ninth Circuit suggested in oral argument Friday that a case decided last ...

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