Johnson & Johnson, Ethicon to pay $5.5M over deceptive marketing allegations

Johnson & Johnson and its subsidiary, Ethicon, will pay $5.5 million to settle allegations that their marketing of transvaginal surgical mesh devices violated Oregon's consumer protection laws, Oregon Attorney General Ellen Rosenblum announced Oct. 16.

State investigators accused the companies of not only misrepresenting the safety and effectiveness of their transvaginal surgical mesh devices, but also failing to warn physicians and patients about serious medical complications linked to the products.

The state of Oregon will receive $2 million from the settlement, if a court approves it. Johnson & Johnson and Ethicon will distribute the rest to five nonprofit women's healthcare clinics in the state:

  • Outside In (Portland): $951,086
  • Virginia Garcia Memorial Health Center (Hillsboro): $608,640
  • North by Northeast Community Health Center (Portland): $190,274
  • Planned Parenthood Southwestern Oregon (Eugene): $825,000
  • Planned Parenthood Columbia Willamette (Portland): $925,000

Johnson & Johnson is also prohibited from making unfair or deceptive statements regarding the products. Any new, significant risks discovered in connection with the surgical mesh must be disclosed.

Last October, Johnson & Johnson agreed to pay $117 million in October 2019 to settle a lawsuit brought by 41 states and Washington, D.C. Oregon declined to join that lawsuit, instead suing Johnson & Johnson in Multnomah County Circuit Court in the hopes of reaching a settlement that would help pay for women's healthcare services.

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