Arkansas judge refuses to dismiss claims against drug makers
The Associated Press and Arkansas Democrat-Gazette - April 7, 2019 8:30 am
(Information from: Arkansas Democrat-Gazette, http://www.arkansasonline.com)
LITTLE ROCK, Arkansas (AP) – An Arkansas judge has rejected a request to dismiss the state’s lawsuit against three drug makers. The lawsuit alleges that the drug makers made false marketing claims about the benefits and risks of opioids, contributing to an increase in opioid abuse that led to overdose deaths.
Court records show Pulaski County District Judge Morgan Welch on Friday denied the motion by Purdue Pharma, Johnson & Johnson, and Endo Pharmaceuticals.
The companies argued that federal law gives the federal Food and Drug Administration authority over the labeling of approved drugs.
The ruling, first reported by the Arkansas Democrat-Gazette, says the lawsuit alleges fraudulent marketing of opioids, not a failure to comply with labeling requirements.
Thousands of similar lawsuits are pending nationwide against dozens of drugmakers and Purdue recently settled such a lawsuit with the state of Oklahoma for $270 million.