Johnson & Johnson’s “Phantom Recall” of Defective Motrin Intentionally Deceived FDA

The Oregon Court of Appeals has recently revived interest in Johnson & Johnson’s 2009 “phantom recall” of Motrin pills. In late 2008, the drug maker discovered that a batch of the over the counter painkiller failed to dissolve properly, rendering the drug less effective. Instead of following proper procedure and notifying the Food and Drug Administration, Johnson & Johnson elected to pursue their own ethically questionable course.

The Oregonian reports, “Instead of notifying customers with a recall, the company hired a contractor to send secret shoppers out to buy the bad product from store shelves. The unique approach eventually came to light, prompting a congressional inquiry in 2010.” As a result of the congressional inquiry, J&J finally issued an official recall.

The Appeals Court has decided that a case against J&J by the state’s Attorney General was incorrectly dismissed three years ago. A new trial date has not yet been set.

Johnson & Johnson shirked their responsibility

The basis of the original lawsuit in Oregon was that J&J exposed customers to defective drugs while it spent months trying to purchase all of the defective products on store shelves. John Kroger, then Oregon’s Attorney General, filed the suit on that basis that the “phantom recall” violated the state’s unlawful trade practices act.

Particularly damning evidence that Johnson & Johnson intentionally misled the FDA comes in the form of instructions to field agents participating in the buyback program. The instructions actually said, “You should simply ‘act’ like a regular customer while making these purchases. THERE MUST BE NO MENTION OF THIS BEING A RECALL OF THE PRODUCT! If asked, simply state that your employer is checking the distribution chain of this product and needs to have some of it purchased for the project.”

Drug manufacturers have an obligation to inform the public of any problem or potential problem with a drug. When they fail to act, they violate not only the public trust but also their responsibility to protect the health of their customers. Defective drugs can cause needless suffering and death. Johnson & Johnson needs to be held accountable for their actions.

If you or someone you know has suffered because of a defective drug or medical device, you may be entitled to compensation. The experienced South Carolina defective drug attorneys at McGowan, Hood, Felder & Phillips, LLC, can fight for your rights and get you the compensation you deserve. Contact us today or call 803-327-7800 for a free consultation.