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Wednesday, March 4, 2026

Bayer sues J&J over prostate cancer drug ads - NJBIZ

The basics:

  • Dispute centers on real-world data showing a 51% lower death risk with Erleada
  • Bayer seeks injunction, corrective statement and monetary damages under the Lanham Act

Whippany-based Bayer is suing New Brunswick-headquartered Johnson & Johnson over claims the rival pharmaceutical company falsely advertised a competing prostate cancer drug.

In a complaint filed Feb. 23 in U.S. District Court for the Southern District of New York, Bayer said the new marketing campaign for Erleada is causing irreparable harm that threatens to erode trust and sales prospects in its own Nubeqa.

Bayer alleges that J&J made “false claims regarding the efficacy of Nubeqa … in an effort to increase its market share in a concentrated and increasingly competitive prostate cancer treatment market.”

For evidence, Bayer cited a Feb. 2 press release from J&J in which the firm touted a “real-world head-to-head analysis” comparing overall survival rates after 24 months in patients treated either with Erleada or with darolutamide – the active ingredient in Nubeqa – both without the chemotherapy docetaxel.

Alleged Lanham Act violations

Based on clinical data from U.S. medical and insurance databases, the retrospective analysis concluded that patients with metastatic castration-sensitive prostate cancer first treated with Erleada experienced a 51% reduction in risk of death compared to those who initially received Nubeqa, according to J&J.

At the 24-month mark, about 92% of the...



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