In another case, the United States District Court for the District of New Jersey dismissed a class action lawsuit brought against Schering-Plough Corporation alleging that, by promoting certain drugs off-label in violation of the Federal Food, Drug and Cosmetic Act ("Act"), Schering had caused plaintiffs economic loss by inducing them to purchase more of the drugs than they otherwise would have purchased. The court ruled that neither individual consumers nor third party payors may recover without proof of injury or actual harm (that the drugs were unsafe or ineffective), and that a fraud suit over off-label marketing amounts to impermissible private enforcement of the Act.