ST. LOUIS — The attorney general of Missouri is suing pharmaceutical companies, citing alleged breach of implied warranty.

The state of Missouri, ex rel. Joshua D. Hawley, in his official capacity as Missouri attorney general, filed a complaint June 21 in the St. Louis 22nd Judicial Circuit Court against Purdue Pharma LP; ENDO Health Solutions; Janssen Pharmaceuticals; Johnson & Johnson, et al alleging that the defendants violated the Missouri Merchandising Practice Act.

According to the complaint, the plaintiff alleges on June 8, the Food and Drug Administration (FDA) called for the Endo's product, Opana ER, to be removed from the market because the risks of the drug outweigh its benefits. The plaintiff claims the defendants continue to manufacture, promote, market, advertise and sell the opioids Nucynta and Nucynta ER to the general public even though the products allegedly pose an extraordinary risk of addiction, dependence and overdose. 

The plaintiff holds the defendants responsible because allegedly they falsely represented the risks and benefits of opioids to increase prescriptions for the purpose of generating windfall profits and created a sprawling campaign of misinformation and deception to convince doctors and consumers that opioids pose little risk of addiction and that such risks can be easily identified and mitigated.

The plaintiff requests a trial by jury and seek judgment of all civil penalties, damages, restitution authorized by law, punitive damages, and such further relief as the court deems just and appropriate. 

St. Louis 22nd Judicial Circuit Court case number 1722-CC10626

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St. Louis 22nd Judicial Circuit Court
10 North Tucker Boulevard
St. Louis, MO 63101

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