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Johnson & Johnson claims that charges of false and deceptive advertising, well, telling lies to doctors and patients about the safety and effectiveness of their products is covered under Freedom of Speech. Oh, really?
Keywords: jnj, johnson and johnson, johnson & johnson, omnicare, alex, gorsky, risperdal, fraud
Date Created/Edited: 2013, June 20
The Johnson & Johnson defense lawyers tried to claim that false and deceptive advertising, downplaying and omitting risks, in other words, lying to the FDA, doctors, patients and insurance providers, is covered under Freedom of Speech. Oh, really? Oh, and to CEO Alex Gorsky: Exactly how does lying to the FDA, doctors and patients meet the standards set forth in Johnson & Johnson's Credo? Hmph.
As expected, Johnson & Johnson with Janssen, have filed an appeal with the Arkansas Attorney General. The Arkansas Attorney General has responded to the appeal with support from the other 35 states that have taken Johnson & Johnson to court regarding Risperdal and Medicaid fraud. The response is, uh, no, you may not appeal with the defense that lying to the FDA, doctors, patients and insurance providers (such as Medicaid) is Constitutionally Protected speech.
The Manufacturing.net quoted Arkansas Attorney General, Dustin McDaniel, from his submitted brief , "If accepted, it would effectively immunize false advertising and false labeling of drug products from regulation."
Janssen representatives keep blabbing over and over that the product was safe (which it wasn't, count the payoffs, I mean settlements) and they followed all the rules of the FDA with regard to the marketing material. Okay, this is coming from a company that feels that lying is a Constitutionally protected Right?
Here is the Dear Doctor letter and the list of FDA Violations, as reported to J&J by the FDA. All neatly, and honestly, hosted on the FDA web site. See the documentation for yourself, it's quite clear that J&J violated FDA disclosure requirements.
Click this link to view both the original "Dear Healthcare Provider" letter and the FDA follow-up letter.
Read: Risperdal: Broken Laws and Side Effects for more coverage and documentation.
1. Emily Patterson (2012, April 8). Johnson & Johnson Credo Analysis Johnson and Toxin. Retrieved from http://www.johnsonandtoxin.com/jnj_credo_review.shtml
2. Arkansas Attorney General Dustin McDaniel (2013, June 18). BROAD, BIPARTISAN COALITION SUPPORTS STATE IN JANSSEN CASE Arkansas.gov. Retrieved from http://arkansasag.gov/news-and-consumer-alerts/details/broad-bipartisan-coalition-supports-state-in-janssen-case
3. Andrew DeMillo, Associated Press (2013, June 19). Ark. AG Seeks To Uphold Verdict Against J&J Manufacturing.net. Retrieved from http://www.manufacturing.net/news/2013/06/ark-ag-seeks-to-uphold-verdict-against-j-j
4. Thomas W. Abrams (2004, April 19). Content Title United States Food and Drug Administration. Retrieved from http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/EnforcementActivitiesbyFDA/WarningLettersandNoticeofViolationLetterstoPharmaceuticalCompanies/ucm055315.pdf?utm_source=fdaSearch&utm_medium=website&utm_term=johnson%20&%20johnson%20marketing%20letter%20risperdal&utm_content=1
5. Emily Patterson (2012, April 13). Johnson & Johnson Risperdal: Broken Laws and Side Effects Johnson and Toxin. Retrieved from http://www.johnsonandtoxin.com/risperdal.shtml