Bloomberg Law’s combination of innovative analytics, research tools and practical guidance provides you with everything you need to be a successful litigator.
Kentucky’s suit alleging Bayer Corp. deceptively marketed Yaz and Yasmin birth control pills heads back to trial court after a state appeals court rejected challenges by the drugmaker ( Bayer Corp. v. Shepherd , Ky. Ct. App., No. 2017-CA-000245, 6/29/17 ).
The next steps in the consumer protection suit are expected to be discovery, or the exchange of information, and then litigation in trial court, Terry Sebastian, communications director for Kentucky Attorney General Andy Beshear (D), told Bloomberg BNA July 10.
The state alleges Bayer misled doctors and patients about the pills’ health risks, in violation of a 2007 agreement with Kentucky and 29 other states involving the cholesterol medication Baycol.
Although the earlier settlement involved a different drug, it prohibits Bayer from making any false, misleading or deceptive representation regarding any of its pharmaceutical products.
The pills contain a hormone called drospirenone. The Food and Drug Administration said in 2012 that drospirenone-containing birth control pills may be associated with a higher risk for blood clots than pills made with different hormone formulations.
The Kentucky Court of Appeals said June 29 that the litigation could go forward.
Most lawsuits and claims concerning Bayer’s drospirenone-containing oral contraceptives in the U.S. have been resolved, according to Bayer’s 2016 annual report.
As of Jan. 23, 2017, about 100 lawsuits and claims were pending against Bayer in the U.S., the report said. About a dozen are being evaluated for settlement.
A few U.S. state attorneys general are investigating alleged violations of consumer protection statutes, including off-label promotion (marketing a drug for uses not approved by the FDA) and failure to warn, the company said.
But Beshear is the only AG suing Bayer.
Bayer previously settled thousands of personal injury suits over Yas and Yazmin.
“Bayer believes that it has meritorious defenses and will continue to defend itself vigorously against all claims that are not considered for settlement,” the company said.
To contact the reporter on this story: Julie A. Steinberg in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Steven Patrick at email@example.com
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)