Parker Waichman LLP

Johnson & Johnson “Secret” Motrin Recall Draws More Criticism

In addition to a record number of legitimate recalls, pharmaceutical giant, Johnson & Johnson was also involved in a secret, so-called “phantom” recall in which a contractor was hired to purchase back potentially defective Motrin tablets. The secret buyback was implemented to avert a recall. Now, Reuters reports that the U.S. Food and Drug Administration’s […]

In addition to a record number of legitimate recalls, pharmaceutical giant, <"https://www.yourlawyer.com/topics/overview/Childrens-Tylenol">Johnson & Johnson was also involved in a secret, so-called “phantom” recall in which a contractor was hired to purchase back potentially defective Motrin tablets. The secret buyback was implemented to avert a recall.

Now, Reuters reports that the U.S. Food and Drug Administration’s (FDA) chief condemned Johnson & Johnson for the move, saying that it was a far cry from how the drug maker had conducted business in the past. In the recent year alone, said Reuters, Johnson & Johnson has recalled—publicly—nearly 200 million bottles of Motrin, Tylenol, and other products, such as children’s medications, all over issues with quality control that the agency revealed at the drug makers factories.

Only recently did Johnson & Johnson acknowledge its part in the secret recall that took place in 2009, when potential defects were found, said Reuters. Contractors were hired to purchase the potentially defective Motrin from convenience stores and gas stations.

“Many people have noted that way back when, J&J was a model for responding to public health concerns and providing information to the public in a timely and open way, and their behavior of late has been somewhat different,” FDA Commissioner Margaret Hamburg said at the Reuters Health Summit. “That is not a practice that I think supports optimal public health,” Hamburg added, quoted Reuters. “I was surprised when I first learned that that had occurred. When there’s concern about a product, the public deserves to know, so that they can make choices whether to use that product.”

We previously wrote that, while no formal agreement had been made with the FDA, the agency knew that Johnson & Johnson’s McNeil unit implemented the buyback program, according to its lawyers. Johnson & Johnson and McNeil Consumer Healthcare, a Johnson & Johnson subsidiary, sent contractors nationwide to 5,000 locations to buy the defective drugs without the public’s knowledge.

We also previously reported that the FDA claimed no knowledge of the plans, although McNeil claims it apprised the agency saying, “McNeil kept the FDA informed of its actions and removed the product from the market in a compliant manner,” quoted ABC News previously. The agency told ABC news, “When the FDA learned that McNeil had hired contractors to secretly purchase product off the shelves, the agency advised McNeil to do a full recall, which the company agreed to initiate in July 2009.”

Hamburg just stated that, “If the product is coming off the shelves because of a concern about quality, certainly if it’s coming off with a significant concern about safety, there has to be a public announcement—in the effort to educate individuals and families so they can make appropriate choices and act accordingly with evolving information about potential risk,” quoted Reuters.

When asked if the agency warned drugmakers to avoid phantom recalls, Hamburg said, “My guess is that companies that have been watching recent events realize that this is not a practice that they should be engaging in,” reported Reuters.

The majority of recalled medications were manufactured at a Pennsylvania factory shut down in April by McNeil Consumer Healthcare over quality control issues, said Reuters. The FDA report indicated “thick dust, grime, and contaminated ingredients,” at the plant, which is not expected to reopen until late 2011, noted Reuters.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Mindy Gallagher
a year ago
5 Star Reviews 150
They are very fast in their work recommended
Katty Chamorro
4 months ago
5 Star Reviews 150
I would like to thank the Parker Waichman Staff for helping me throughout this journey, Bonita Rollis was exceptionally awesome in guiding me throughout this process. From the beginning she offered hospitality and wished me longevity in my course of healing. We creation a connection, which made it easier for me to understand the process. I explored with questions and she listened with patience and provided recommendations every time we spoke. I have and will always recommend this firm to any of my family and friends.
donna rayside
a year ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038