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<\/p>\nSacramento, CA…California Attorney General Xavier Becerra today announced a $120 million nationwide settlement with Johnson & Johnson and its subsidiaries, Medical Device Business Services, Inc.,\u00a0DePuy Products, Inc., DePuy Synthes, Inc., and DePuy Synthes Sales, Inc. (Johnson & Johnson). The settlement \u2014 of which California will receive $8 million \u2014\u00a0 resolves allegations that the company violated state consumer protection laws by misrepresenting the effectiveness and safety of its hip implant devices. The multistate settlement alleges that Johnson & Johnson conducted unfair and deceptive marketing practices by making misleading claims on the longevity \u2014 also known as survivorship \u2014 of its\u00a0metal-on-metal hip implant devices. Johnson & Johnson has also agreed to injunctive terms to reform how it markets and promotes its hip implant products.<\/p>\n
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\u201cJohnson & Johnson is alleged to have deceived vulnerable patients in need of hip replacement and undermined their ability to recuperate quickly and safely,\u201d\u00a0said Attorney General Becerra<\/b>. \u201cThe company allegedly deceived consumers by circulating misleading research and ignoring up-to-date information about the effectiveness of its devices. There\u2019s no excuse for Johnson & Johnson to have violated its customers\u2019 trust, as well as California consumer protection laws, but we worked to hold them accountable.\u201d<\/p>\n
The multistate settlement resolves allegations that Johnson & Johnson violated state law by misleading consumers in the marketing of metal-on-metal hip implant devices used for hip replacement surgeries. In 2005, Johnson & Johnson began marketing its ASR XL device to doctors seeking to provide longer-lasting hip replacement surgery in younger, more active patients. Johnson & Johnson actively and falsely advertised the product\u2019s stability and survivorship as part of its \u201cNever Stop Moving\u201d campaign, citing an implant survivorship of nearly 100 percent after five years. Johnson & Johnson also misrepresented the implant survivorship of another hip implant device, the Pinnacle Ultamet, relying upon a questionable 2007 study that was advertised as independent, but designed by Johnson & Johnson. After receiving hip implants using these products, some consumers experienced painful side effects from the products, including persistent groin pain, allergy, tissue necrosis, as well as a build-up of metal ions in the blood.<\/p>\n
As part of the settlement, Johnson & Johnson will pay $120 million in penalties, and comply with a set of important injunctive terms that are enforceable by the California Attorney General in the event of future misconduct. Under the consent judgement, the Johnson & Johnson subsidiary companies that market these devices will:<\/p>\n
This is the second settlement Attorney General Becerra has reached with Johnson & Johnson. In May 2017, Attorney General Becerra announced a $33 million settlement with the\u00a0company after it failed to ensure the quality of over-the-counter medications including Tylenol, Motrin, Benadryl, St. Joseph Aspirin, Sudafed, Pepcid, Mylanta, Rolaids, and Zyrtec.<\/p>\n