COLUMBUS — A drugmaker accused by the Ohio attorney general of improper promotion of opiates says his lawsuit is legally and factually unfounded.
Janssen Pharmaceuticals says it acted appropriately, responsibly and in the best interests of patients.
Attorney General Mike DeWine sued Janssen and four other drugmakers on Wednesday. He says they intentionally misled patients about the dangers of painkillers and promoted benefits of the drugs not backed by science.
“These drug manufacturers led prescribers to believe that opioids were not addictive, that addiction was an easy thing to overcome, or that addiction could actually be treated by taking even more opioids. They knew they were wrong, but they did it anyway — and they continue to do it,” said DeWine, who is a candidate for governor in 2018.
The lawsuit was filed in Ross County Common Pleas Court because DeWine says southern Ohio was among the areas in the nation hardest hit by the opioid epidemic.
According to the lawsuit, the companies’ false marketing included medical journal advertising, sales representative statements, and the use of front groups to deliver information which downplayed the risks and inflated the benefits of certain formulations of opioids, all of which contributed to the prescription of opioids and fueled the opioid epidemic, DeWine said.
Some critics at the Statehouse say the lawsuit is a positive step, but isn’t the only solution to the crisis.
“For too long, Ohio has been the face of the national opioid epidemic. Why are we leading in opioid deaths but severely lagging when it comes to confronting this public health emergency?” Rep. Emma Sykes (D-Akron) said.
Supporters of a ballot issue aimed at controlling drug prices also say the lawsuit only address part of the problem.
“No matter how much these companies get sued, not one executive is going to jail. Big court fines and penalties don’t really hurt the drug companies – they just pay them off by raising our drug prices,” said Ged Kenslea, spokesman for the Ohio Drug Price Relief Act, who says the ballot issue “gives Ohio voters the opportunity to finally put the brakes on shameless drug industry price-gouging.”
The lawsuit seeks a declaration that the companies’ actions were illegal, an injunction to stop “deceptions and misrepresentations and to abate the harm they have caused,” damages for money that the state spent on the opioids that these companies sold “and for other costs of their deceptive acts” and repayment to consumers who the suit claims paid for unnecessary prescriptions for chronic pain.
Janssen, a Johnson & Johnson subsidiary, sold Duragesic and Nucynta, the suit claims.
Another defendant, Purdue Pharma, which the lawsuit claims sold OxyContin, MS Contin, Dilaudid, Butrans, Hyslingla, and Targiniq, says it shares DeWine’s concerns about the opiate crisis and is committed to working together on a solution. It won’t say if it’s challenging the lawsuit.
Teva Pharmaceuticals says it’s still reviewing the lawsuit and is unable to comment.
Messages were left with Endo Health Solutions, which sold Percocet, Percodan, Opana and Zydone; and Allergan, which sold Kadian, Norco, and several generic opioids, according to the lawsuit.