Pharma Opioid Suits Casting a Wider Net

Under both federal and state law, it is unlawful to advertise if the advertisement tends to mislead or deceive. States have enacted consumer protection laws to enforce and regulate such deceptive practices. In New York, under General Business Law §349, deceptive acts or practices in the conduct of any business, trade, or commerce, or in the furnishing of any service in the state, is declared unlawful. Over the years, the Federal Trade Commission has prosecuted many businesses accused of engaging in false and deceptive advertising.…
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New FDA Labeling Changes to Require “Black Box Warning” on Immediate Release Opioid Pain Medications

In an effort to combat what it calls “epidemic levels of opioid addiction and overdose”, the U.S. Food and Drug Administration (FDA) announced that it will require class-wide safety labeling changes for immediate release opioid pain medications, including a new “black box warning” informing patients and prescribers of the serious risks of misuse, abuse, addiction, overdose and death. In addition, the FDA will also require several safety labeling changes across all prescription opioid products to include additional warnings addressing the risks of opioids. The FDA…
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City of Chicago Files Suit Against Prescription Painkiller Manufacturers

Earlier this week, the City of Chicago filed a lawsuit against five major producers of pharmaceutical products, alleging that the manufacturers concealed the risks associated with certain types of painkillers, such as Oxycontin and Percocet, as well as a host of generics. According to the city, the manufacturers launched a campaign in the 1990s to expand the market for prescription opioids by exaggerating the drugs’ effectiveness while downplaying their risk, even though the companies supposedly knew that the drugs were addictive and could cause long-term…
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