United States Eighth Circuit

Dismissal of federal antitrust and state law claims brought by plaintiffs, consumers and organizations who purchased prescription drugs from defendant drug companies in the United States, alleging that defendants unlawfully conspired to suppress the importation of Canadian prescription drugs for personal use, is affirmed where: 1) the Canadian drugs at issue were not labeled in conformity with federal law and importation of the drugs was therefore prohibited; 2) the Canadian drugs were "unapproved" drugs within the meaning of 21 U.S.C. section 355; 3) plaintiffs did not establish antitrust standing to pursue their federal antitrust claims; and 4) a decision to dismiss the state law claims was proper.

Appellate Information

• Decided 11/30/2006
• Published 11/30/2006

Judges

• COLLOTON, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William R. Kane, argued, Philadelphia, PA (Marvin A. Miller, Jennifer W. Sprengel, Nyran Rose Pearson, Daniel E. Gustafson, and Karla M. Gluek, on the brief), for appellant.


• For Appellees:
  
• Robert P. Reznick, argued, Washington, DC (Lewis A. Remele, Jr., Christopher R. Morris, John M. Townsend, and Scott H. Christensen, on the brief), for appellee.