Bristol-Myers, Sanofi Sue Hawaii Over Plavix Marketing Case
- Drugmakers say $8 billion state suit denies free-speech rights
- Hawaii to argue at April trial firms illegally marketed drug
Plavix
Photographer: JB Reed/Bloomberg
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Bristol-Myers Squibb Co. and Sanofi fought back against an $8 billion lawsuit filed by Hawaii over marketing of their blockbuster blood-thinning drug Plavix, arguing in a counter-suit that the state is trampling on their free-speech rights by demanding unnecessary warning labels.
Hawaii claims the companies misleadingly marketed Plavix and failed to properly warn consumers in the state about its risks. Bristol-Myers and Sanofi argue that should be put on hold while their constitutional claims are reviewed.
“Hawaii’s lawsuit to extract civil penalties from the companies is an effort to compel speech,” lawyers for Bristol-Myers and Sanofi said in the suit, filed Tuesday in federal court in Honolulu.