Bayer files false advertising suit against J&J and Janssen Biotech

• Lawsuit seeks preliminary and permanent injunctions in addition to damages.
• This flawed J&J data analysis conveys false information to patients and healthcare providers; Superiority claims of ERLEADA are based on scientifically flawed data and are not supported by a true head-to-head clinical trial.
• Other problems with the J&J real-world data analysis include: almost exclusively unapproved use of NUBEQA; short follow-up time of less than 24 months for the majority of patients; treatment arms varied greatly in size; inferior data sources as the basis for its review; and improper control for comorbidities.

WHIPPANY, N.J.–(BUSINESS WIRE)–Bayer announced today that it has filed suit against Johnson & Johnson (J&J) and Janssen Biotech, Inc. in the United States District Court for the Southern District of New York. The suit follows J&J’s refusal to cease and desist its promotion of a scientifically flawed real-world evidence analysis that misinforms healthcare providers and patients in an effort to increase its market share in a concentrated and increasingly competitive prostate cancer treatment market.

The lawsuit asserts that J&J makes false claims regarding the efficacy of NUBEQA. J&J’s promotional efforts, which include a press release issued to media and two presentations made available on its Medical Connect website, are commercial speech aimed at promoting its branded...

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