PharmacyChecker.com LLC—a drug importation advocacy website leading federal antitrust litigation in Manhattan against the National Association of Boards of Pharmacy—scored a preliminary win Wednesday against the group‘s counterclaims for false advertising and deceptive practices.
Judge Kenneth M. Karas dismissed the industry group’s counterclaims, finding that it didn’t suffer the type of “commercial” injury barred by the federal Lanham Act or two parallel state laws as a result of the website’s campaign to counter its warnings about importing foreign medications.
Karas, writing for the US District Court for the Southern District of New York, noted the NABP—in defending itself against ...
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