Painters & Allied Trades Dist. Council 82 Health Care Fund v. Forest Pharm., Inc. (In Re Celexa & Lexapro Mktg. & Sales Practices Litig.)

KAYATTA, Circuit Judge.

These consolidated appeals arise out of two so-called "off-label" prescription-drug-marketing cases aggregated for pretrial proceedings in the District of Massachusetts by order of the multidistrict litigation panel. Plaintiffs claim that the defendants, Forest Pharmaceuticals, Inc. and Forest Laboratories, Inc. (collectively "Forest"), engaged in fraud to push their antidepressant drugs on unsuspecting minors for whom the FDA had not approved the use of these medications. As we will explain, we reverse the dismissal of the claims brought by two of the four plaintiffs,…