News Article : New Mexico sues opioid drug manufacturers, distributors
A New Mexico county is suing drug makers, saying pharmaceutical companies are responsible for an overwhelming opioid epidemic in their community. It’s a problem that is costing them money and lives. According to the U.S. Centers for Disease Control and Prevention, opioids were involved in over 33,000 deaths in 2015, the latest year for which data is available. The death rate has continued rising, according to estimates.
New Mexico filed a lawsuit, in the First Judicial District Court in Santa Fe County. It contended that the drugmakers downplayed the risks of addiction to prescription opioids and falsely touted the benefits of their long-term use. It also accused the wholesale distributors of violating their duties by selling large amounts of painkillers that were then diverted for illicit uses, helping to contribute to the opioid epidemic. The lawsuit seeks damages, including for the costs New Mexico has incurred responding to the epidemic.
1) Since this case deals with deceptive marketing, ‘Case law’ is involved in this case.
They have engaged in a marketing campaign that has basically marketed to doctors by overstating the effectiveness of this drug, while at the same time minimizing the problems that are associated with the drugs
2) Federal law is involved in this case. False marketing and advertising come under Federal Trade commission. Since there are lot of deaths involved in the case, apart from the US drug safety labels, Federal law is involved.
3) Court hearing not available yet.
4) Cardinal Health in a statement called the lawsuit “misguided,” saying it was “launched in haste and without any factual investigation to support it.
The case also accused the wholesale distributors of violating their duties by selling large amounts of painkillers that were then diverted for illicit uses, helping to contribute to the opioid epidemic.