Defective Products
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DOJ Catch of the Week -- Qualitest
Posted 12/18/15
By the C|C Whistleblower Lawyer Team
This week's Department of Justice "Catch of the Week" goes to Qualitest Pharmaceuticals. On Wednesday, the company's corporate shell, Vintage Pharmaceuticals, its parent Endo Pharmaceuticals, and seven of their affiliates agreed to pay $39 million to settle charges they violated the False Claims Act by selling understrength chewable fluoride tablets. See DOJ Press...
In Their Own Words — Lampert
Posted 12/17/15
-- “It is shocking that a pharmaceutical company would knowingly distribute diluted fluoride meant to provide preventative dental benefits to children as if it were full strength. We remain committed to investigating companies that put greed over their professional obligations to serve their customers and honestly bill for their products.”
Scott J. Lampert, HHS-OIG Special Agent in Charge, discussing the...December 1, 2015
Athletic apparel company Tommie Copper, Inc. and its founder have agreed to pay $1.35 million to settle FTC charges that they deceptively advertised the company’s copper-infused compression clothing would relieve severe and chronic pain and inflammation caused by arthritis and other diseases. Tommie Copper’s proposed settlement with the FTC also requires the company and its founder and chairman Thomas Kallish to have competent and reliable scientific evidence before making future claims about pain relief, disease treatment, or health benefits. FTCNovember 11, 2015
The FTC filed a lawsuit in federal court to stop a dietary supplement marketer from making misleading claims that its product can help treat and even cure people who are addicted to opiates, including prescription pain medications and illegal drugs such as heroin. According to the FTC’s complaint against Sunrise Nutraceuticals, LLC, the company, based in Boca Raton, Florida, deceptively claims that its dietary supplement Elimidrol, a “proprietary blend” of herbs and other compounds, alleviates opiate withdrawal symptoms and increases a user’s likelihood of overcoming opiate addiction. FTCSupreme Court Further Limits Liability of Generics for Faulty Drugs
Posted 07/3/13
By Gordon Schnell
In what is being hailed as a major victory for generic drug makers (but not necessarily for consumers), the Supreme Court ruled last week that these companies cannot be held liable for defects in the design of their products. The decision follows from the Court's 2011 ruling that similarly shielded the generics from liability for inadequate safety warnings on their drug labels. Taken together,...
High Court to Hear Argument on Whether Injured Patients Can Hold Generic Drug Makers Accountable for Their Defective Drugs
Posted 03/13/13
By Jason Enzler
Next Tuesday the Supreme Court is scheduled to hear oral argument on Mutual Pharmaceutical’s appeal of a $21 million jury award for serious injuries caused by one of its generic drugs. Much more is at stake than the money, however, with many expecting the Justices to set out a broad rule on whether any patient can sue a generic drug maker for defects in the design of its drug.
The underlying...