J&J Ruling Removes FDA Warnings From Plaintiff Playbook

Law360, New York (March 21, 2014, 8:13 PM EDT) -- The Arkansas Supreme Court's surprise reversal of a landmark $1.2 billion judgment against Johnson & Johnson on Thursday held that U.S. Food and Drug Administration warning letters are often too prejudicial to use as evidence against pharmaceutical companies, eliminating a powerful tool that plaintiffs have relied on to sway juries.

The state’s highest court ruled that a 2003 warning letter the FDA sent J&J unit Janssen Pharmaceuticals Inc., in which the agency accused Janssen of misleading doctors about the diabetes risks of its antipsychotic drug Risperdal,...
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