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J&J Challenges Risperdal Penalty As First Amendment Violation

 
• By Brenda Sandburg

In case that could impact use of state unfair trade practices statutes, Janssen seeks Supreme Court review of South Carolina’s $124 million judgment for Risperdal labeling and Dear Doctor letter.

Johnson & Johnson has paid out hefty sums to federal and state governments for its Risperdal (risperidone) marketing practices. But it is now seeking Supreme Court review of a civil penalty on First Amendment grounds. The case has important ramifications for industry as it could impact the ability of states to go after drug makers for alleged violations of unfair trade practices statutes.

J&J’s Janssen Pharmaceuticals Inc. unit filed a certiorari petition challenging a $124 million penalty imposed by the...

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More from North America

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