Court Orders Janssen Biotech to Disclose Consultant Communications in Anti-Kickback Case

In a recent decision, U.S. District Chief Judge F. Dennis Saylor IV of the District of Massachusetts ordered Janssen Biotech, a subsidiary of Johnson & Johnson, to disclose communications with third-party consultants. The ruling comes amid litigation accusing the company of violating the Anti-Kickback Statute and the False Claims Act by providing complimentary services to physicians who prescribed its medications, Remicade and Simponi ARIA. Janssen Biotech argued that discussions with its consultants were protected under the functional-equivalent doctrine but failed to provide sufficient evidence to support its claim. The court’s decision requires Janssen to surrender the disputed documents unless an appeal is lodged by July 4.