The FDA said it will not appeal a 2nd U.S. Circuit Court of Appeals verdict in favor of Jazz Pharmaceuticals in an off-label marketing case. The company had marketed Xyrem to treat chronic fatigue and drowsiness, though the drug was approved only for narcolepsy. The FDA said it didn't believe the decision would "significantly affect the agency's enforcement of the drug misbranding provisions of the Food, Drug, and Cosmetic Act."

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