The U.S. Supreme Court is being asked to hear Johnson & Johnson’s appeal in a case in which the company was hit with a $63 million jury verdict in Massachusetts for following FDA directions on labeling rules.
Johnson & Johnson was sued for “failing to alert buyers to the potential side effects” of Motrin. The FDA, however, had rejected the specific labeling changes that the plaintiffs said should have been applied.
If this judgement stands, writes the Wall Street Journal, “drug labeling will be driven by jury verdicts from state to state rather than a single, clear national standard” and open up a “new area of jackpot justice for plaintiffs’ lawyers against companies that can be found guilty even if they follow federal rules to the letter.”
Read the full story here.