Facts

Laura Plumlee sued Pfizer Inc., based on its marketing of the drug Zoloft.

PLAINTIFF'S CONTENTIONS:
Pfizer is a pharmaceutical company that manufactures and sells Zoloft, an FDA approved drug for treatment of major depressive disorder. Plumlee was prescribed Zoloft for her depression in 2005, and used it for about a year and a half.

Based on her use of the drug, Plumlee accused Pfizer of making unlawful, false, and misleading statements concerning Zoloft's effectiveness. Plumlee argued that she only purchased and used Zoloft based on these misleading statements. She argued that scientific studies have shown that Zoloft is not effective at treating depression, and that its efficacy was only due to the placebo effect. Plumlee alleged Pfizer was aware that Zoloft was ineffective, because its own studies indicated that it did little more than a normal sugar pill. She claimed Pfizer had never informed customers of Zoloft's true efficacy, and that its clinical trials were biased towards promoting favorable studies over negative ones.

Plumlee alleged violations of the Consumer Legal Remedies Act, California's Unfair Competition Law, and California's False Advertising Law.

DEFENDANT'S CONTENTIONS:
Pfizer moved for a dismissal of Plumlee's case, arguing that it was time-barred and preempted by federal law.

Result

The court agreed with Pfizer and dismissed the case.