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Perez v. Wyeth Laboratories Inc., 161 N.J. 1, 734 A.2d 1245, Prod.Liab.Rep. (CCH) P 15,809

Facts

The case involved patients who received Norplant, a contraceptive device, which was marketed directly to consumers by Wyeth. The plaintiffs claimed that Wyeth failed to adequately warn them about the side effects and difficulties associated with the removal of the implants. Despite the FDA's approval of the product's advertising, the plaintiffs argued that the advertisements did not disclose the risks involved, leading to injuries and complications from the use of Norplant.

According to plaintiffs, Wyeth began a massive advertising campaign for Norplant in 1991, which it directed at women rather than at their doctors. Wyeth advertised on television and in women's magazines such as Glamour, Mademoiselle and Cosmopolitan.

Issue

Whether the learned intermediary doctrine applies to the direct marketing of prescription drugs to consumers, and whether the manufacturer has a duty to warn consumers directly about the risks associated with its product.

The question in this case, broadly stated, is whether our law should follow these changes in the marketplace or reflect the images of the past.

Rule

The court ruled that when a manufacturer advertises its drug directly to consumers, it has a duty to provide proper warnings of the dangers or side effects of the product, regardless of the physician's role as an intermediary.

The court ruled that when a manufacturer advertises its drug directly to consumers, it has a duty to provide proper warnings of the dangers or side effects of the product.

Analysis

The court analyzed the implications of direct-to-consumer advertising and concluded that the traditional learned intermediary doctrine, which relieved manufacturers of the duty to warn consumers directly, no longer applied in the context of modern marketing practices. The court emphasized that when a manufacturer actively seeks to influence consumer choice through advertising, it must also bear the responsibility of informing consumers about potential risks.

The court analyzed the implications of direct-to-consumer advertising and concluded that the traditional learned intermediary doctrine, which relieved manufacturers of the duty to warn consumers directly, no longer applied in the context of modern marketing practices.

Conclusion

The Supreme Court reversed the lower court's decision and remanded the case, establishing that manufacturers must warn consumers directly when they engage in direct marketing of prescription drugs.

Reversed and remanded.

Who won?

The consumers prevailed in the case as the Supreme Court ruled in their favor, stating that the manufacturer has a duty to warn consumers directly when it advertises its product to them.

The consumers prevailed in the case as the Supreme Court ruled in their favor, stating that the manufacturer has a duty to warn consumers directly when it advertises its product to them.

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