Ortho-McNeil-Janssen Pharmaceuticals, Inc. v. State of Arkansas
- Case Date: 4/4/2013
- Project Name: Health Care Project
On March 20, 2014, the Arkansas Supreme Court overturned a $1.2 billion civil penalty imposed by Arkansas based on claims that a drug manufacturer included inadequate risk information on the label for one of its products. The decision was a victory for WLF, which filed a brief urging that the penalty be overturned. The court agreed with WLF that the manufacturer did not violate Arkansasís False Claims Act when it distributed a prescription drug whose labeling was later amended by FDA to require additional health warnings. The Court also overturned the trial courtís finding that the manufacturer, Janssen Pharmaceutica, Inc., violated the Arkansas Deceptive Trade Practices Act when it sent a 2003 letter to Arkansas doctors expressing its views regarding the safety of Risperdal, the drug in question. In light of its decision, the court deemed it unnecessary to reach another issue raised by WLF: that the First Amendment barred Arkansas from imposing liability based on truthful statements.
More Information and Downloads:
4/4/2013: Download the Brief