Bayer files false advertising suit against J&J and Janssen Biotech

Bayer (BAYRY) announced that it has filed suit against Johnson & Johnson (JNJ) and Janssen Biotech in the United States District Court for the Southern District of New York. “The suit follows J&J’s refusal to cease and desist its promotion of a scientifically flawed real-world evidence analysis that misinforms healthcare providers and patients in an effort to increase its market share in a concentrated and increasingly competitive prostate cancer treatment market. The lawsuit asserts that J&J makes false claims regarding the efficacy of Nubeqa. J&J’s promotional efforts, which include a press release issued to media and two presentations made available on its Medical Connect website, are commercial speech aimed at promoting its branded product that violate the Lanham Act given their false and misleading nature. The Lanham Act is a federal law that prohibits a company from making false or misleading commercial representations about a product’s safety, efficacy, or characteristics,” Bayer stated.