The state of New York’s Department of Financial Services has filed charges against Johnson & Johnson, claiming the drugmaker committed insurance fraud by mischaracterizing its opioid products.
The charges announced Thursday are the fourth set the state has filed against opioid manufacturers, according to a news release. DFS is seeking to recover $5,000 plus the amount of the claim per each fraudulent insurance claim submitted.
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The state claims Johnson & Johnson had “a long-standing and multi-faceted leading role” in fostering a market for opioids as a treatment for chronic pain. Specifically, they used brochures and other schemes to target the drugs to elderly patients while downplaying its risks.
Johnson & Johnson did this even though the U.S. Food and Drug Administration specifically warned them about its claims that its Duragesic brand of fentanyl patches was not as addictive as other opioids and showed “a complete lack of risk information,” including any side effects. The company also sought to downplay opioid addiction “as a dangerous myth.”
As a result, the company’s claims broadened the public’s acceptance of opioids and as such fueled demand for its products and raw materials.
Besides pushing its own products, Johnson & Johnson created the poppy that other drug companies used for their own products. That includes Purdue Pharma’s OxyContin.
“The opioid crisis has taken too many lives and New York state will continue to take action against those who helped fuel this public health catastrophe and bring a measure of justice to families who have lost loved ones,” Gov. Andrew Cuomo said in the release. “Misrepresentation of opioids to consumers for profit is inexcusable and we will use every tool necessary to help ensure those responsible are held fully accountable.”
The hearing is scheduled to take place at the DFS New York City offices beginning on Jan. 25.
