Nexus Pharma Barred From Suing Drug Compounder Under State Law

Nexus Pharmaceuticals Inc.'s state-law claims against a compound drug maker are barred because they’re contrary to the Food, Drug & Cosmetic Act’s exclusive enforcement provision, the Ninth Circuit said Tuesday.

The FDCA says that any proceedings to enforce or restrain violations of the act must be brought by or in the name of the federal government, the US Court of Appeals for the Ninth Circuit said.

Nexus based its claims on state laws that prohibit selling drugs that haven’t received US Food and Drug Administration approval. But those laws are impliedly preempted, as they’re contrary to federal law, the court ...