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NEXUS PHARMACEUTICALS, INC. v. CENTRAL ADMIXTURE PHARMACY SERVICES, INC.

No. 20-56227.

48 F.4th 1040 (2022)

NEXUS PHARMACEUTICALS, INC., Plaintiff-Appellant, v. CENTRAL ADMIXTURE PHARMACY SERVICES, INC.; B. Braun Holding GMBH & Co. KG, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2022.

Attorney(s) appearing for the Case

Imron T. Aly (argued) and Neil Lloyd , Schiff Hardin LLP, Chicago, Illinois; Matthew B. Mock , Schiff Hardin LLP, Newport Beach, California; for Plaintiff-Appellant.

Keith Wesley (argued) and Matthew L. Venezia , Browne George Ross O'Brien Annaguey & Ellis LLP, Los Angeles, California; Karla L. Palmer , Hyman Phelps & McNamara PC, Washington, D.C.; for Defendants-Appellees.

Before: ANDREW J. KLEINFELD, RYAN D. NELSON, and LAWRENCE VANDYKE, Circuit Judges.

OPINION

We address preemption, in the context of pharmaceutical compounding and the FDA's exclusive authority to enforce violations of the Food, Drug, and Cosmetic Act, and affirm the order of the district court.

BACKGROUND

The district court dismissed Nexus's claim for failure to state a claim...

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