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J&J Faces $344 million in Penalties Over Its Pelvic Mesh Products

 

  • California AG Xavier Becerra obtained a judgment against Johnson & Johnson, Ethicon, Inc., and related defendants (collectively “J&J”) over allegations that J&J falsely and deceptively marketed its surgical pelvic mesh in violation of California’s Unfair Competition Law and False Advertising Law.
  • As previously reported, California’s complaint alleged that J&J misrepresented the safety and efficacy of the pelvic mesh and neglected to inform consumers and physicians of the full spectrum of risks associated with pelvic mesh in its product instructions as well as in educational and marketing materials. The AG’s office alleged that the mesh caused complications such as urinary dysfunction, loss of sexual function, chronic inflammation and pain, and risk of chronic infection.
  • Following a 9-week trial, the court found that J&J knew about the risk of complications associated with the implantation of its pelvic mesh products but touted the mesh’s benefits while omitting, minimizing, or concealing information about its risks. The court awarded $343.99 million in civil penalties and requested supplemental briefing on the issue of injunctive relief.