Teamsters Local 237 Welfare Fund v. AstraZeneca Pharmaceuticals LP

SEITZ, Justice:

I. INTRODUCTION

A group of New York-based third party payor health insurers (“TPPs”) that provide prescription drug benefits to union members appeal from a Superior Court judgment dismissing with prejudice their second amended complaint. At issue are claims brought by the TPPs under various state consumer fraud laws against AstraZ-eneca Pharmaceuticals LP, and Zeneca Inc. (collectively “AstraZeneca”). The TPPs allege that AstraZeneca falsely advertised its more expensive patented prescription drug Nexium as superior to the less expensive generic drug Prilosec, causing the TPPs…