With no explanation, chose the best option from "A", "B", "C" or "D". approved, including the gastric conditions commonly suffered by rheumatology patients. Relator further alleges that Takeda sales representatives were instructed to promote Kapi-dex to rheumatologists without disclosing that the drug is not approved for the gastric condition often experienced by rheu-matology patients. These allegations concerning the promotion of Kapidex to rheumatologists fall far short of the pleading standards set forth in Rule 9(b) and in Iqbal. Fatal to the claim, Relator does not allege in the amended complaint that the targeted rheu-matologists wrote any off-label prescriptions that were submitted to the government for payment, a critical omission in a case brought under the Act. See United States ex rel. Rost v. Pfizer, Inc., 507 F.3d 720, 733 (1st Cir.2007) (<HOLDING>), overruled on other grounds by Allison Engine

A: holding that a complaint that fails to meet the pleading requirements does not invoke the statutory waiver of sovereign immunity
B: holding that since defendant failed to timely remove the original complaint which was removable based on federal question jurisdiction defendant thereby waived its right to file a subsequent removal even though the complaint was amended to add a new federal claim where the amendment to the complaint did not change the nature of the action so as to constitute a substantially new suit since the new allegations and claims were not substantially different from those in the original complaint
C: holding that the complaint did not satisfy the notice pleading requirements of federal rule of civil procedure 8a because the complaint gave the defendants no notice of the specific factual allegations presented for the first time in the plaintiffs opposition to summary judgment
D: holding that a complaint does not meet the requirements of rule 9 when the complaint did not give notice to the defendant of false claims submitted by others for federal reimbursement of offlabel uses only of illegal practices in promotion of the drug
D.