Law360, New York (March 9, 2016, 10:24 AM EST) -- In 1999, when the New Jersey Supreme Court recognized a novel direct-to-consumer (DTC) advertising exception to the learned intermediary rule in Perez v. Wyeth Laboratories Inc., 734 A.2d 1245 (N.J. 1999), such exceptions were the wave of the future, according to most academic commentators.[1] But that did not happen. In the decade and a half since Perez, no state other than New Jersey has recognized a DTC exception. "[W]e decline to recognize a DTC advertising exception, which has been adopted only in New Jersey." Watts v. Medicis Pharmaceutical Corp., (Ariz. Jan. 21, 2016). "In the more than 12 years since Perez, many courts have declined to follow the New Jersey Supreme Court's sweeping departure from the learned intermediary doctrine." Centocor Inc. v. Hamilton, 372 S.W.3d 140, 161 (Tex. 2012).[2]...
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