Court Confirms Merck Lied on Mumps Vaccine Label — But Lets Drugmaker Off the Hook in Antitrust Lawsuit

Citing the Noerr-Pennington doctrine, a U.S. appeals court on Monday ruled that because the FDA took no action against Merck after discovering the false labeling claims, it was the FDA’s decision — not Merck’s fraud — that injured competitor GSK and the physicians and physicians groups who bought the ineffective vaccine at inflated prices.

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