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# FTC Appeals Shire Vancocin Case Dismissal
- URL: https://www.fdaweb.com/ftc-appeals-shire-vancocin-case-dismissal/
- Published: 2018-04-19T12:00:00.000Z
- Updated: 2026-09-15T00:00:05.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5141257

The Federal Trade Commission (FTC) is appealing to the 3rd Circuit Court of Appeals a Delaware federal court [decision](https://www.fdaweb.com/ftc-complaint-against-shire-dismissed/) granting a Shire motion to dismiss an FTC suit alleging that the company abused the FDA citizen petition process to prevent generic competition to its Vancocin. Attorney **Jennifer Thomas** (Hyman, Phelps & McNamara) [writes](http://www.fdalawblog.net/2018/04/the-ftc-appeals-shire-viropharma-dismissal/?ref=fdaweb.com) in her firm’s *FDA Law Blog* that in appealing the decision to the 3rd Circuit, the FTC is saying that it will not amend its original complaint as the Delaware federal court had said it could do.

“Rather,” she writes, “the FTC will risk abandoning its case in district court in favor of seeking a review of the key legal issue by the 3rd Circuit. This speaks to the significance of the lower court’s ruling that the FTC had failed to meet its statutory burden in bringing the case—the *Shire* ruling has already been cited against the FTC in at least four other pending cases.”

The district court judge held that the FTC’s ability to seek an injunction in the case rested on the agency’s ability to demonstrate that the company had violated or was about to violate a law that FDA enforces. He also held there was no dispute that the FTC had not alleged that Shire was violating a law.