U.S. District Court Judge Mariana Pfaelzer last week ordered the drug company to drop the claim from its ads that the drug was non-habit-forming by Sept. 1, but she has now agreed to hear the FDA's objection to the order.
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The Department of Justice, acting for the FDA, last week said the ad claim had been approved by the FDA and warned that the judge's ruling threatened to lead to "50 different versions of labeling of advertisements."
GlaxoSmithKlein spends $65.1 million on Paxil advertising from Interpublic Group of Cos.' McCann-Erickson Worldwide, New York.