Mcneil Consumer Healthcare

Class action against J&J dismissed

PHILADELPHIA (Legal Newsline) - A federal court last week dismissed a case against pharmaceutical giant Johnson & Johnson for allegedly concealing quality control problems and manufacturing defects.

The class action represents a consolidation of individual cases filed in various courts, which were transferred to the U.S. District Court for the Eastern District of Pennsylvania.

The case arises out of purported quality-control issues affecting certain over-the-counter medications manufactured by Johnson & Johnson's consumer health care division, McNeil Consumer Healthcare.

The plaintiffs alleged that Johnson & Johnson and McNeil, along with certain executives, board members and third-party contractors, engaged in a conspiracy to conceal systemic quality control problems and manufacturing defects that began as early as 2008 and affected various adult and children's medications. Many of the medications were manufactured at McNeil's facility in Fort Washington, Pa.

The plaintiffs said because of the company's scheme -- and relying on Johnson & Johnson's reputation for safe and effective medications -- they purchased the McNeil products at higher prices than they were worth.

The plaintiffs sought to recover their out-of-pocket payments for the products in question and also sought damages for the alleged conspiracy to conceal the quality control problems.

Johnson & Johnson, McNeil and the third-party contractors filed motions to dismiss.

The court held oral arguments on the motions on June 29.

U.S. District Judge Mary A. McLaughlin, in the court's July 14 memorandum, granted the company's motions, dismissing the plaintiffs' claims in their entirety for lack of standing.

Standing is ordinarily a threshold issue for any case, the court said. "A plaintiff must allege a distinct and palpable injury to himself, even if it is an injury shared by a large class of other possible litigants."

McLaughlin said the consolidated amended complaint, or CAC, was "deficient" insofar as the plaintiffs did not allege which particular products they purchased.

"Because the plaintiffs do not identify which products were purchased, it is impossible to match the many incidents outlined in the CAC with the specific drugs that fall under the Subject Products category," she wrote for the court.

In addition, the plaintiffs did not allege how the unspecified products they purchased were defective.

Johnson Johnsons McNeil Consumer Healthcare Faults

/PRNewswire/ -- In consultation with the U.S. Food and Drug Administration (FDA), McNeil Consumer Healthcare, Division of McNEIL-PPC, Inc. is voluntarily recalling, at the wholesale level, certain lots of TYLENOL® 8 Hour, TYLENOL® Arthritis Pain, and TYLENOL® upper respiratory products, and certain lots of BENADRYL®, SUDAFED PE®, and SINUTAB® products distributed in , when production at the facility was suspended.The company is launching the recall as a precaution after a thorough examination of records of past production has found cases where procedures were inadequate cleaning of equipment or cleaning has not been sufficiently documented. It is very unlikely to affect the quality of these products.

McNeil Consumer Healthcare is initiating a voluntary recall of certain batches of products from tablets ® Multi-Symptom Berry ROLAIDS distributed to update the labeling. The company initiated the recall after determining that the product labeling does not include the language "Does not meet USP" as required by regulation.

Both of these recalls are being initiated at the wholesale level. No action is required by consumers or healthcare providers and consumers can continue to use the product. These actions are not being undertaken on the basis of adverse events.

McNeil identified the inadequacies as part of a thorough, proactive product quality and process assessment of all McNeil produced products.As previously announced, Mr. McNeil has implemented a comprehensive action plan at its manufacturing facilities in the United States to improve quality systems at these sites. This product evaluation is a key step in the implementation of this plan, and actions as a result of the evaluation are part of the ongoing commitment of McNeil to ensure that all products meet the standards high quality that consumers expect.

Consumers can access product details and other information on the recall on the www.mcneilproductrecall.

Mcneil Consumer Healthcare Announces Voluntary Recall Of Certain Over-The-Counter (Otc) Products

Mcneil Consumer Healthcare Announces Voluntary Recall Of Certain Over-The-Counter (Otc) Products

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