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Mylan to Face EpiPen Classification, Rebate Class Fraud Claims

April 7, 2020, 1:57 PM

Securities fraud claims by Mylan NV investors that it misclassified EpiPens as generic and paid pharmacy benefit managers anticompetitive rebates may proceed as a class action, a federal district court in New York said Monday.

The court previously ruled that the misclassification claim could proceed, but Mylan argued that the intervening adoption of the Right Rebate Act makes clear that its statements about EpiPen’s classification as a generic were ambiguous.

But the opinion by Judge J. Paul Oetken of the U.S. District Court for the Southern District of New York said the statute was expressly passed to prevent Mylan from...

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