J&J ends sales of opioids in the US, reaches settlement deal with New York

Johnson & Johnson disclosed alongside a settlement agreement with the State of New York that it stopped selling prescription pain medicines in the US last year, having ceased marketing of the products in 2015. The deal, under which Johnson & Johnson will pay up to $230 million to resolve all opioid-related claims against the company, comes ahead of a trial that was set to begin this week.

Under the agreement, New York Attorney General Letitia James said that Johnson & Johnson is prohibited from promoting opioids through any means, as well as lobbying about such products at the federal, state or local levels. James added that the trial scheduled to begin on June 28 will still proceed against the remaining defendants, which include Endo, Mallinckrodt and Teva.

James noted that Johnson & Johnson "helped fuel" the opioid epidemic, but has now committed "to leaving the opioid business — not only in New York, but across the entire country." The settlement relates to Johnson & Johnson's marketing and promotion of Duragesic (fentanyl), Nucynta (tapentadol) and Nucynta ER, which the company attested were "appropriate and responsible."

The settlement stems from an amended lawsuit filed by James in 2019, accusing a number of drugmakers, including Johnson & Johnson and Purdue Pharma, of engaging in "years of false and deceptive marketing" of prescription opioid products, fuelling the state's opioid epidemic. In the case, the state contends that drugmakers used a "common playbook" to mislead consumers about the safety, efficacy and risks of prescription opioids.

According to Johnson & Johnson, its three pain products "have accounted for less than 1% of total opioid prescriptions in the US" since the products were launched. The company added that the settlement is not an admission of liability or wrongdoing, whilst it is consistent with the terms of a previously announced broader $5-billion agreement in principle to resolve all opioid lawsuits and claims in the US. Johnson & Johnson indicated that "there continues to be progress toward finalising the all-in settlement agreement."