Pharmaceutical companies have found themselves in the cross hairs of both plaintiffs' lawyers and prosecutors. As a consequence of their sales and marketing practices, these companies have been civilly and criminally fined hundreds of millions of dollars.
Prescription Drugs: Consumer Fraud in Sales and Marketing
Claims of consumer fraud are difficult and rarely succeed in the context of a pharmaceutical product liability action. They are, however, troublesome, because the pleading of such a claim often opens the door to extensive discovery of the company's sales and marketing departments. If the defendant cannot succeed in obtaining a dismissal prior to trial, it may still permit the jury to hear evidence of sales tactics and strategies that often paint the manufacturer in a less-than-favorable light. Companies should be aware of the potential for such claims and plan their sales and marketing strategies accordingly.
By
Frank Fazio And Anne E. WagstaffThis premium content is locked for LawJournalNewsletters subscribers only
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