Genentech Must Face Claims It Shorted Providers on Cancer Drug

Roche Holding AG unit Genentech Inc. must face cancer treatment centers’ suits alleging it shortchanged them on the breast cancer biologic drug Herceptin, after the Tenth Circuit said the claims aren’t preempted by federal law governing drug labeling and manufacture.

The Tulsa Cancer Institute and others contended Herceptin’s labeling was misleading because it said each vial contains 440 mg of Herceptin at a concentration of 21 mg/mL, but not every vial contained that amount, forcing them to buy more than they needed for their patients. The active drug, which comes in solid form, is reconstituted before use.

A district court ...