context: As discussed above, making false or misleading statements about medical devices is prohibited by federal law. This means that Schouest's state law fraud claims based on false off-label promotion would, if proven, also amount to a violation of federal law, and thus such claims could survive preemption.
citation_a.signal: see
citation_a.identifier: 957 F.Supp.2d 1179, 1179-80
citation_a.parenthetical: holding that state fraud-based claims "are parallel or `genuinely equivalent' to federal law"
citation_a.sentence: See Houston, 957 F.Supp.2d at 1179-80 (holding that state fraud-based claims "are parallel or `genuinely equivalent' to federal law"); cf. In re Epogen & Aranesp Off-Label Marketing & Sales Practices Litig., 590 F.Supp.2d 1282, 1292 (C.D.Cal.2008) (observing in fraud case based on drug manufacturer's alleged misrepresentations that "insofar as Plaintiffs can identify specific representations by Defendants that are literally false, misleading, or contain material omissions, the claims are actionable" under California law).
citation_b.signal: cf.
citation_b.identifier: 590 F.Supp.2d 1282, 1292
citation_b.parenthetical: observing in fraud case based on drug manufacturer's alleged misrepresentations that "insofar as Plaintiffs can identify specific representations by Defendants that are literally false, misleading, or contain material omissions, the claims are actionable" under California law
citation_b.sentence: See Houston, 957 F.Supp.2d at 1179-80 (holding that state fraud-based claims "are parallel or `genuinely equivalent' to federal law"); cf. In re Epogen & Aranesp Off-Label Marketing & Sales Practices Litig., 590 F.Supp.2d 1282, 1292 (C.D.Cal.2008) (observing in fraud case based on drug manufacturer's alleged misrepresentations that "insofar as Plaintiffs can identify specific representations by Defendants that are literally false, misleading, or contain material omissions, the claims are actionable" under California law).