Pharmaceutical Marketing and The N.J. Consumer Fraud Act

Florham Park partner Ken Wilbur wrote an article for the New Jersey Law Journal titled, “Pharmaceutical Marketing and The N.J. Consumer Fraud Act.”

Ken notes that while consumer protection statutes, if applied without consideration of interests other than consumer protection, can cross the dividing line between effective and oppressive government action.  His article discusses safeguards in the New Jersey Consumer Fraud Act that should prevent the Act from being used, like similar statutes in other states, to penalize pharmaceutical marketing for its mere potential to be misunderstood.  It also explains how the Supreme Court’s recent decision in United States v. Alvarez should also preclude application of the Act in this manner.