CHARLESTON, W.Va. — A lawsuit against Johnson & Johnson and subsidiary companies Ethicon Inc. and Ethicon US, LLC has been filed by West Virginia Attorney General Patrick Morrisey over surgical mesh marketing.
Morrisey alleges the companies engaged in unlawful, unfair and deceptive marketing practices associated with their surgical mesh devices.
“Misrepresenting any product’s safety is unlawful and can have dire effects on consumers,” Attorney General Morrisey said in a release. “When medical products are marketed in an improper manner, it can put consumers’ health at risk.”
The lawsuit claims Johnson & Johnson and Ethicon misrepresented the effectiveness, properties, risks and safety history of the surgical mesh products in marketing and educational materials provided to patients and doctors, in personal meetings and published medical articles.
Morrisey said in a released video that informational and marketing materials for the companies’ surgical mesh devices consistently omitted or concealed complications.
Furthermore, the lawsuit alleges Johnson & Johnson and Ethicon violated the West Virginia Consumer Credit and Protection Act, which is designed to protect West Virginia citizens from oppressive, unreasonable, and abusive conduct.
The suit seeks civil penalties and a permanent injunction to prevent the companies from marketing, advertising, promoting, offering for sale, distributing or selling their surgical mesh products in West Virginia.
Morrisey said, “The company took away, effectively, the doctor’s ability to give sound advice and the woman’s ability to make an informed decision about whether to have a permanent mesh implant put into her body.”
In late August, Morrisey filed a lawsuit against Johnson & Johnson for allegedly covering up the addictive nature of drugs.