Third Amended Master Long Form Complaint - Dispute Resolution ...

c) There is no reason in general to suspect, and physicians generallydo accept as reliable, bioequivalence, and therefore that generic versionsof a drug are bioequivalent and therapeutically identical to the name brandversion of the drug, and expected to have the same therapeutic effects andside effects.d) The labeling for the name brand version of a drug is equallyapplicable to generic versions of the drug, and generally is identical to thelabeling of all generic versions of the drug, in all medically andtherapeutically material respects, including the drug’s expected therapeuticeffects and side effects.e) By uniformly honored custom and practice and in conformity withthe requirements of federal regulations, the label for a prescription drugproduct, whether name brand or generic, as it is distributed to pharmaciesfor dispensing to patients, per the prescriptions of their physicians,accompanies or is placed on or in the package from which the drug is to bedispensed.f) A drug company will generally distribute to physicians the labelsfor a name brand prescription drug product along with samples of theproduct, when it is being introduced to the market, and disseminate thecontent of the labels (i.e., the product labeling) to physicians throughpublication of the drug’s monograph in the PDR, and otherwisecommunicate information regarding the drug through advertising,distribution of promotional materials, sales presentations by companysales representatives, group sales presentations, and sponsoredpublications and seminar speakers.BRAND NAME DEFENDANTS disseminated false information, as referencedabove, to physicians and the medical community and totheir patients) with knowledge that the information was false or in conscious itstruth or falsity.216. BRAND NAME DEFENDANTS disseminated the false information, asreferenced above, to physicians, the medical community and their patients with the intention todeceive physicians and their patients and to induce the physicians to prescribe Reglan. Inparticular, BRAND NAME DEFENDANTS induced physicians to prescribe Reglan forprolonged periods of time, with the knowledge that the patients were likely to use genericmetoclopramide in addition to or in place of Reglan.- 74 -Case ID: 100101997