Kentucky has brought a case against Johnson & Johnson on the basis of deceptive marketing of their opioids. Violation of the Kentucky's Consumer Protection Act is being focused on as the driving force behind the suit. Johnson & Johnson has failed to respond, but a subsidiary, Janssen Pharmacuetica said, "Our actions in the marketing and promotion of these medicines were appropriate and responsible."
https://www.nbcnews.com/storyline/americas-heroin-epidemic/kentucky-sues-johnson-johnson-subsidiaries-over-opioid-epidemic-n867121
Will other states follow in Kentucky and Arkansas' footsteps in bringing a legal battle to big pharma's front door. Basing the case on a violation of Kentucky's Consumer Protection Act was clever in my opinion. For cases to be successful against big pharma, should the current laws protecting consumers around the nation be used to sight possible violations made by big pharma in misleading the consumer?
Yes- it makes their argument legitimate. Consumers should be properly warned about a product before they even think about using it, especially if it impacts their health.
ReplyDeleteIt will take a collective effort from many state legislators to fight big pharma. These companies have billions of dollars to fight off lawsuits and claims against them, and have been doing so for many, many years. Perhaps attacking these companies via another method/perspective may finally help the fight against big pharma gain traction
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