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Drug Companies Want to Dismiss Ohio's Lawsuit Over Opioid Epidemic

Five companies that make prescription opioids are petitioning Ross County Common Pleas Court Judge Scott Nusbaum to dismiss a lawsuit filed by Ohio Attorney General Mike DeWine, states the Cleveland Plain Dealer (Sept. 11, Eaton).  DeWine charged them with stoking Ohio's opioid epidemic by fraudulently marketing their products. Legal briefs filed by Purdue Pharma say FDA requirements for its products preempt state law.  The legal filings say: "The State does not identify a single physician who prescribed one of Purdue's opioid medications to any patient when it was allegedly medically unnecessary, much less, a physician who did so because of Purdue's allegedly misleading marketing or promotional materials."  DeWine's office is reviewing the companies' filings and will file its response "in due course." A hearing on the matter is set for later this month before Nusbaum.  The legal filing is from Purdue, Teva Pharmaceutical Industries Ltd., Janssen Pharmaceutica NV, Endo International PLC, and Actavis Inc.

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