June 15, 2010: Businessweek Reports that J & J Knew of Phantom Recall
An article
in Businessweek on June 11 reports that Johnson & Johnson were aware the
“phantom recall” of Motrin tablets in 2008 in which it is alleged that the
company hired private contractors to buy up potentially problematic drugs
rather than announce a public recall. Bloomberg Businessweek reports that FDA
documents show that J & J knew of the Motrin incident which contradicts
statements made by a J & J representative at a recent congressional
hearing.
Newly
released emails sent in 2008 by Inmar the contractor, to McNeil, the drug
manufacturer, said that the effort to remove the potentially faulty products
“may draw suspicion to what we are doing”
According to Bonnie Jacobs, a spokeperson for J & J , “The
FDA was kept fully informed of McNeil’s plans and actions throughout the
process,” Jacobs said in a telephone interview. “The documents provided fully support
the testimony previously provided to the committee. She added, “Given that
there was no safety risk, the objective was to remove the affected product from
a unique distribution channel, mainly convenience stores and gas stations, with
as little disruption and consumer confusion as possible,” said Jacobs, who
declined to provide the documents.
Businessweek reports that FDA disputes these statements
and Meghan Scott, a spokeswoman for the agency says that McNeil told the agency
it would “sample” from stores where the Motrin had been sent but “they did not
inform the agency that they would instruct contractors to go into stores,
"act like a regular customer, and buy all of the product in question,”
Scott said in an e- mail.
After learning of the company’s actions, the FDA pushed
for an official recall of the Motrin and now Congress is looking into possible
criminal penalties against J & J because of events surrounding this recall.
The Law Offices of Eric H. Weinberg have been litigating
pharmaceutical drug cases for over twenty years on behalf of injured persons. If
you or a loved one has been affected by this recall feel free to fill out a Free Case Evaluation or
contact us at 732-246-7080, or toll-free at
1-877-934-6274 and we will be sure to answer your questions.
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