Zofran GSK Complaint Can’t be Amended With Ad Challenges

Families alleging GlaxoSmithKline LLC’s anti-nausea drug Zofran caused their children’s birth defects can’t amend their complaint to raise claims alleging the drugmaker’s ads misrepresented safety.

Plaintiffs alleged that Zofran, approved to treat nausea associated with chemotherapy, was promoted to treat pregnancy-related sickness, an off-label or unapproved use. They said the drug caused heart defects and other problems.

The U.S. District Court for the District of Massachusetts, which oversees combined federal proceedings, previously said claims arising out of the company’s advertising and marketing activities didn’t contain enough facts to satisfy the pleading requirements for a fraud claim.

About 450 cases are ...