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# 7th Circuit Backs Dismissal of AbbVie False Claims Suit
- URL: https://www.fdaweb.com/7th-circuit-backs-dismissal-of-abbvie-false-claims-suit/
- Published: 2025-09-09T12:00:00.000Z
- Updated: 2026-09-14T15:21:14.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5159836

The 7th Circuit Court of Appeals has affirmed a lower court’s dismissal of a False Claims Act (FCA) retaliation suit against AbbVie (formerly Allergan) that was brought by a former company sales representative. The sales rep, **Jeffrey Lewis**, said he was denied a promotion and given onerous assignments after complaining that AbbVie aggressively promoted its antipsychotic drug Vraylar (cariprazine) for off-label use to treat major depressive disorder and substance abuse.

Attorneys at ArentFox Schiff wrote in a [blog post](https://www.jdsupra.com/legalnews/seventh-circuit-affirms-dismissal-of-7357238/?ref=fdaweb.com) that the lower court had agreed with AbbVie that Lewis’ theory of recovery was “implausible.” While the appeals court [rejected](https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2025/D09-03/C%3A24-3121%3AJ%3AKolar%3Aaut%3AT%3AfnOp%3AN%3A3418873%3AS%3A0&ref=fdaweb.com) the lower court’s rationale, the attorneys write, it ultimately affirmed causation, noting that FCA suits against drug manufacturers for deceptive off-label marketing campaigns were not novel and it was foreseeable that a false prescription would result in a false claim. The panel affirmed, the attorneys say, because Lewis failed to put AbbVie on sufficient notice of a potential FCA violation.

Lewis’ internal emails discussed regulatory non-compliance and corporate policy, the blog says, without indicating a concern about government fraud. “Thus,” the 7th Circuit concluded, “AbbVie could not have known he was engaging in protected activity aimed at preventing FCA violations.”