Vivus says Qsymia lawsuit dismissed

Wed Oct 3, 2012 7:51am EDT

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(Reuters) - Obesity drugmaker Vivus Inc said a class action lawsuit against the company related to Vivus's claims about its drug Qsymia has been dismissed.

Vivus said the lawsuit, filed in November 2010 in the U.S. District Court for the Northern District of California, has been dismissed for the second time, ruling out the possibility of the plaintiff filing an amended complaint.

The plaintiffs can appeal within 30 days of date of filing of the order.

The weight-loss drug was approved by U.S. health regulators in July.

The plaintiffs had alleged in the lawsuit that the company made false or misleading statements about Vivus's new drug application and clinical trials for Qsymia as a treatment for obesity.

Shares of Mountain View, California-based Vivus were up about 1 percent at $18.52 in premarket trade on Wednesday. They closed at $18.38 on Tuesday on the Nasdaq.

(Reporting By Pallavi Ail in Bangalore; Editing by Sreejiraj Eluvangal)

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