On February 29, 2008, Judge Stadtmueller of the United States District Court for the Eastern District of Wisconsin dismissed a lawsuit brought by Schering-Plough Healthcare Products, Inc. (“Schering”) against three manufacturers of prescription polyethylene glycol 3350 (“PEG”), a laxative drug product. In its lawsuit, Schering sought to use the Lanham Act, 15 U.S.C. § 1125, (along with state law claims) to privately enforce the Federal Food, Drug, and Cosmetic Act (“FDC Act”). The court, following the reasoning of many other courts, held that Schering could not do so and dismissed the case. Hyman, Phelps & McNamara, P.C., represented one of the defendants in the case. For complete story please click on Link (Source:FDAlawblog)
