Alaska AG May Pursue Baby FTC Act Claims Against Vioxx® Maker in State Court

The State of Alaska may pursue its baby FTC Act claims against Merck & Co. Inc. for misrepresenting its Vioxx® drug in advertisements in state court, as a district court granted its motion to remand (Alaska v. Merck & Co., Inc., D. Alaska, 3:06-cv-00018-TMB, 2/6/15).

Alaska’s attorney general brought suit under the state’s Unfair Trade Practices and Consumer Protection Act, AS 45.50.471 et seq. (UTPA), in state court, but saw his claims removed to the District of Alaska and transferred to the Eastern District of Louisiana, where two similar cases were pending. After eight years, the case ...