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Ohio Attorney General Mike DeWine
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The Court granted Defendant's Motion to Dismiss Plaintiff's class action Complaint. Plaintiff's Complaint was based upon Defendant's failure to gain FDA approval for its needle-free influenza vaccine prior to marketing it to health care providers who then used the vaccines on consumers. The Court found that Plaintiff's claim was essentially a claim for a violation of the Food, Drug, and Cosmetic Act for which there is no private right of action. Plaintiff's CSPA claims would not exist if not for the violation of the FDCA, and parties are precluded from using other statutes as a vehicle to bring a private action based upon a violation of the FDCA.
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