High Court Denies Review on Drug Compounding, Competition Suit

May 20, 2024, 2:08 PM UTC

The US Supreme Court declined to review a drugmaker’s lawsuit against a rival regarding the sale of unapproved compounded prescription drugs and state unfair-competition laws.

The nation’s highest court rejected Hope Medical Enterprises Inc.’s petition to review a suit against Fagron Compounding LLC alleging that Fagron’s sales of compounded drugs that lack approval from the Food and Drug Administration are unfair and unlawful, violating several states’ consumer protection laws.

The US Court of Appeals for the Ninth Circuit in July 2023 sided with Fagron, reversing a district court ruling in favor of Hope Medical. The three-judge panel’s opinion cited the ...

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