Prescription Drugs: Consumer Fraud in Sales and Marketing

Claims of consumer fraud are difficult and rarely succeed in the context of a pharmaceutical product liability action. They are, however, troublesome, because the pleading of such a claim often opens the door to extensive discovery of the company's sales and marketing departments. If the defendant cannot succeed in obtaining a dismissal prior to trial, it may still permit the jury to hear evidence of sales tactics and strategies that often paint the manufacturer in a less-than-favorable light. Companies should be aware of the potential for such claims and plan their sales and marketing strategies accordingly.

21 minute read October 29, 2007 at 03:55 PM
By
Frank Fazio and Anne E. Wagstaff
Prescription Drugs: Consumer Fraud in Sales and Marketing

Pharmaceutical companies have found themselves in the cross hairs of both plaintiffs' lawyers and prosecutors. As a consequence of their sales and marketing practices, these companies have been civilly and criminally fined hundreds of millions of dollars.

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