New Mexico
The State of New Mexico has retained Baron & Budd to prosecute a consumer protection lawsuit against Bristol-Myers Squibb and Sanofi-Aventis U.S. LLC, the makers of Plavix, for allegedly engaging in false, deceptive and unfair labeling and promotion of their prescription antiplatelet drug Plavix.

What the State Alleges

The consumer protection lawsuit generally alleges that the Defendants engaged in a false, deceptive, and unfair marketing strategy touting the benefits of Plavix when, since at least March 1998, Defendants knew or should have known that Plavix has diminished or no effect on a substantial and significant percentage of the population, and that those patients for whom Plavix would not work could be identified through a simple genetic test.

The State of New Mexico also alleges that Defendants have misleadingly sought to replace aspirin with Plavix, which costs one hundred times more than aspirin, for treatment of patients at risk of ischemic events, and that Defendants ignored, concealed, and minimized clinical trial data and other information showing that Plavix is only as effective as—or in some cases even less effective than—aspirin in treating such patients, and that Plavix has a higher chance of causing gastrointestinal bleeding and other complications. 

Baron & Budd also currently represents the State of Hawaii in a similar consumer protection case, alleging that Bristol-Myers and Sanofi engaged in unfair and deceptive labeling and marketing practices of Plavix.