J&J and Other Drug Makers Tossed From Lawsuit Over Opioid Marketing

http://blogs.wsj.com/pharmalot/2015/05/11/jj-and-other-drug-makers-tossed-from-lawsuit-over-opioid-marketing/

A federal judge handed four drug makers a victory by dismissing them from a closely watched lawsuit that alleged the companies deceived Chicago doctors and consumers about the risks of their opioid painkillers. However, Purdue Pharma will continue to face some allegations raised by the city.

The judge ruled city officials failed to provide enough specific information to demonstrate that Johnson & Johnson JNJ -0.43%, Teva Pharmaceutical TEVA +1.17%, Actavis and Endo International made misrepresentations to doctors and patients. The lawsuit continues against Purdue Pharma, which is accused of violating consumer fraud laws.

In its lawsuit, the city of Chicago alleged the drug makers used deceptive marketing to downplay risks of their painkillers and improperly encouraged physicians prescribing that caused some patients to become addicts. In the process, the city alleges it paid for prescriptions inappropriately.

Despite the setback, the city of Chicago has an opportunity to file an amended lawsuit, which means the drug makers could again face the allegations. “We are evaluating the court’s opinion and its option as to other defendants,” a city spokesman writes us.

A Purdue spokesman tells us the drug maker is “pleased that the bulk of the claims against Purdue have been dismissed.” The judge ruled that alleged misrepresentations on Purdue web sites were sufficient to allow the lawsuit to proceed against the drug maker, which is best known for selling OxyContin.

The decision comes amid ongoing debate over prescription painkillers. The medicines, which have been widely used and abused, have increasingly been blamed for fueling addiction and crime, and serving as a bridge to a growing heroin trade.

The U.S. Centers for Disease Control and Prevention noted that nearly 2 million Americans either abused or were depending on opioids in 2013. A CDC report also found that 74% of the nearly 23,000 U.S. deaths from painkillers in 2011 were due to overdose.

In response, two California counties – Santa Clara and Orange – also filed lawsuits, which alleged the drug makers used a variety of tactics to persuade doctors to prescribe their painkillers, while also minimizing risks. These included editorial control over medical journal articles, paying influential doctors as speakers and funding patient advocacy groups, among other things.

The lawsuits followed a failed bid by an advocacy group that petitioned the FDA to tighten labeling on opioid painkillers. Physicians for Responsible Opioid Prescribing argued the drugs lacked sufficient safety and effectiveness evidence for long-term use to manage non-cancer chronic pain, such as low back pain.

Chicago, however, failed to convince U.S. District Court Judge Jorge Alonso that the drug makers made any alleged misrepresentations to specific doctors or consumers, or when or how misrepresentations may have been made.

And so, he dismissed the consumer fraud claims against Teva, Endo, Actavis and J&J. Teva spokeswoman declined to comment. We also asked Actavis and Endo for comment and will update you accordingly. A spokeswoman for J&J’s Janssen unit, said the drug maker is “pleased” with the decision and always acted appropriately and responsibly in marketing it drugs.

“I’m not happy to hear this, but I’m hopeful we’ll ultimately see these companies held accountable for the public health crisis they created,” says Andrew Kolodny, chief medical officer at Phoenix House, a non-profit that runs alcohol and drug abuse treatment and prevention programs, and head of Physicians for Responsible Opioid Prescribing. “But the legal cases against big tobacco many years before they were successful. This may also take a long time.”

In 2007, Purdue and three of its current and former executives pleaded guilty to misleading the public about the risk of addiction of OxyContin. A total of $634.5 million in fines was paid for claiming the drug was less addictive and less subject to abuse than other pain medications.

Filed under: General Problems