As a proposed opioid class action lawsuit attempts to get certified in U.S. District Court, several big pharmaceutical companies are trying to argue its lack of validity.

According to Law360, some of the defendants in the case, such as Johnson & Johnson, Purdue, and Endo, attempted to persuade a federal judge in Arkansas to dismiss the opioid class action lawsuit.

The plaintiff, Michael L., accuses drug companies of manipulating doctors into prescribing opioid painkillers more frequently than they might do otherwise through clever marketing campaigns.

These campaigns were allegedly designed to minimize the possibility of patients getting hooked on the drugs while dealing with even short-term bouts of injury-induced pain.

The big drug companies’ opposition to classification of the opioid class action lawsuit was based upon the argument that the narcotics are approved for medical use by the U.S. Food and Drug Administration (FDA) and that that agency regulates their marketing activities.

The pharmaceutical giants also made note to the judge that because they were already regulated federally, they could not be in violation of the Arkansas Deceptive Trade Practices Act.

The ADTPA ostensibly has an article known as the “safe harbor” provision. According to the would-be defendants as stated in a recent Law360 report, the safe harbor provision does not allow for claims that allege false or misleading advertising when an industry’s advertising is already regulated by the federal drug oversight agency.

Plaintiff’s Background

Michael L., chief complainant in the opioid class action lawsuit, is a citizen and resident of the State of Arkansas. He says he was prescribed opioid painkillers beginning in 2005 and quickly became addicted to them. He needed and sought out addiction treatment to recover.

He wants to represent two distinct Classes statewide with this case. The first Class is made up of people prescribed one of the target companies’ opioids who later needed medical intervention for addiction or for overdose.

The second Class is made up of people prescribed one of the target companies’ opioids during the last five years for any reason. Michael L. as representative is seeking damages for the first Class and medical monitoring for the second Class, according to Law360.

Michael L. has alleged in this opioid class action lawsuit that the named defendants spent $174 million in 2014 alone between advertising in medical journals and direct “education” to doctors about opioids that omitted key information regarding its highly addictive qualities.

In addition, he alleges that the target companies paid physicians with excellent professional reputations to serve on their boards to create an image of respect and trust.

Pharmaceutical Companies Argue Back

Not all the pharmaceutical companies were available to comment, according to Law360. Those that did, however, did acknowledge the enormous crisis this country is experiencing with regarding to opioids. Johnson & Johnson would not claim responsibility for any part of this trend and made note that all of these drugs come with warnings that the FDA absolutely requires.

The Opioid Class Action Lawsuit is Case No. 5:17-cv-05118 in the U.S. District Court for the Western District of Arkansas.

In general, opioid addiction lawsuits are filed individually by each plaintiff and are not class actions.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual opioid addictino lawsuit or opioid addiction class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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