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Corporate Giants Sue Websites for Allegedly Selling Illegal Generic Viagra |
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Corporate giants Pfizer and Microsoft have separately filed lawsuits against the operators of two Web sites that send spam e-mails with offers for allegedly illegal generic versions of the erectile dysfunction medication Viagra.
Both lawsuits allege websites www.cndpharmacy.com and www.myepharmacydirect.com spam consumers with offers for generic versions of erectile dysfunction medication, Viagra.
The Pfizer lawsuits were filed in New York, and accuse the Web sites of violation of the company trademark and unfair competition. The Microsoft lawsuits, filed in Washington state, allege that the web sites violated federal and state anti-spam laws.
Pfizer and Microsoft have jointly investigated the Web sites for seven months, although they have both been unsuccessful in finding the identities of the operators. As a result, Pfizer and Microsoft filed the lawsuits against unnamed defendants. This enables the the plaintiffs to subpoena records from credit card companies and Internet service providers to determine the identities of the defendants. So far, as of December 2005, the joint investigation has found that CanadianPharmacy, the name used by www.cndpharmacy.com, receives orders in New York, sends them to a call center in Canada and fills orders in India.
The FDA Associate Commissioner of Policy and Planning states that the " FDA has shut down a number of U.S. Web sites that illegally distribute prescription drugs and has coordinated with foreign authorities to address the issue overseas, yet it is a difficult task."
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Other Drugs / Medical Cases of Interest
A class action has been filed against Staar Surgical Company, a California based developer, manufacturer and global distributor of medical devices for use in cataract, refractive and glaucoma surgery, (NASDAQ: STAA) and certain of its officers and directors by stockholders who purchased the company’s common stock between April 3, 2003 and January 6, 2004. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company’s securities. The stockholders seek to recover compensatory damages for the loss of value of their stock. The parties have reached a tentative $1.25 million settlement in a class action filed against MiniMed, Inc., and certain of its officers and directors by stockholders who held the company's common stock as of July 16, 2001. Persons eligible to participate in the settlement must submit a proof of claim form postmarked no later than September 13, 2004. A class action has been filed against Tripos, Inc. (Nasdaq: TRPS) and certain of its officers and directors by stockholders who purchased the company's common stock between January 9 and July 1, 2002. A class action has been filed against chemical and pharmaceutical manufacturer Cambrex Corporation (NYSE: CBM) and certain of its officers and directors by stockholders who purchased the company's common stock between October 21, 1998, and July 25, 2003. The parties have reached a settlement apparently valued at $5,850,000 in an action filed against the Insurance of America Agency, Inc., the National Business Association, Inc., the American National Insurance Company, Inc., and the American National Life Insurance Company of Texas on behalf of all persons (1) who obtained certificates of insurance from American National Life Insurance Company of Texas, Inc., or American National Insurance Company, that were the subject of a trust agreement in which those companies were the administrators for the National Business Association insurance program after October 12, 1996, or (2) who were over eighteen as of July 1, 2003, and were insured under certificates containing a co-pay and wellness benefit rider offered by American National Life Insurance Company of Texas when notices issued in their state of residence that the rider was to be deleted. Persons who have not received notification, but are eligible to take part in the action should contact class counsel as soon as possible. State and federal privacy laws protect your confidential records from sale and use in many situations. A class action has been filed against CVS Corporation, Trio Drugs Corporation, and Manhattan pharmacist Gerald Hinderstein on behalf of pharmacy customers who allege that Trio and its pharmacist violated their fiduciary duties to their customers and committed deceptive business practices when they sold prescription drug records to CVS.
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