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South Dakota sues J&J, Endo, Purdue over opioid marketing, sales practices

South Dakota filed a lawsuit against three prescription drug manufacturers for deceptive marketing and sale of prescription opioids.

Attorney General Marty Jackley claimed in the lawsuit that the drugmakers — Johnson & Johnson unit Janssen, Purdue Pharma Inc. and Endo International PLC — violated the state's deceptive trade laws and Medicaid fraud statutes and created a "public nuisance by disseminating false and misleading statements" about the risks and benefits of opioids.

The allegations of false marketing in the lawsuit, which was filed in the South Dakota State Circuit Court, included medical journal advertising, sales representative statements and the use of front groups to deliver information, which downplayed the risks and inflated the benefits of certain opioids to treat chronic pain.

The suit alleges that the drugmakers' behavior magnified the prescription of opioids and fueled opioid abuse in the state. According to the news release by Jackley's office, the falsity of each misrepresentation by the companies has been confirmed by the Food and Drug Administration and the Centers for Disease Control and Prevention.

"Pharmaceutical companies that knowingly and deceptively harm consumers must be held accountable," said Jackley.

In 2017, there were a total of 595,934 opioid prescriptions, which included 39.3 million doses of opioids, and the state's Department of Social Services reported spending $20.2 million on payments to providers for substance abuse and other related treatment, according to the news release.

Purdue and Janssen rejected the allegations, while Endo declined to comment, Reuters reported.