Attorney General Ken Paxton today announced that Texas will receive $8.5 million as part of a $120 million multistate settlement with Johnson & Johnson and its DePuy Orthopaedics unit resolving alleged unfair and deceptive marketing of two hip replacement devices.
Texas and 45 other states accused Johnson and Johnson and DePuy of making false claims about the longevity of the ASR XL and Pinnacle Ultamet metal-on-metal hip implant devices. Patients who underwent hip replacements with the devices later complained of a variety of health issues. The ASR XL was recalled from the market in 2010 and the Pinnacle Ultamet was discontinued in 2013.
“Companies that falsely market their medical products dangerously jeopardize patients’ health in order to increase profits,” Attorney General Paxton said. “Consumers must be able to trust that the advertised benefits of hip implant devices are backed by solid scientific evidence, not exaggerated claims.”
Under terms of the settlement, DePuy agreed to revise how it markets and promotes its hip implants, including the use of current scientific data to support claims it makes in advertising the products.
Attorney General Paxton and his counterpart from South Carolina led the investigation into Johnson and Johnson and DuPuy with an executive committee consisting of the attorneys general of Florida, Indiana, North Carolina,
Ohio, Pennsylvania, and Washington. Also participating in the settlement are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia and Wisconsin.