A new front has opened in the battle of big pharma as Bayer accuses Johnson & Johnson of promoting false claims about its prostate cancer drug to get ahead of the competition.

Pharmaceutical giant Bayer has taken legal action against Johnson & Johnson (J&J), accusing its rival of launching a false advertising campaign to promote the superiority of its own prostate cancer drug over Bayer’s competing product.

According to the lawsuit – filed Monday (23 February) with the US District Court for the Southern District of New York – J&J pitted its own prostate cancer drug Erleada against Bayer’s Nubeqa in an effort to increase its own market share in the wake of increasing competition, presenting patients and health care professionals with allegedly flawed data that showed Erleada was 51% more effective in reducing the risk of death among prostate cancer patients than Nubeqa.

The lawsuit alleges violations of the Lanham Act and seeks preliminary and permanent injunctions, as well as damages. Bayer filed the complaint against J&J and its subsidiary after J&J refused to cease and desist its promotional campaign.

Fatal flaws

Bayer has pointed to “numerous and fatal methodological flaws” underlying the analysis on which J&J based its claims.

While J&J purported that the death risk reduction statistic was drawn from a “real world head-to-head analysis” that was conducted over a two-year period and aligned with rigorous US Food and Drug Administration...

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