Our Statements

The opioid crisis is a tremendously complex public health issue that demands a public health response. This page will share Janssen statements about important aspects of this issue and provide accurate data to correct misinformation and unsubstantiated claims made against us in lawsuits related to these medicines.

Johnson & Johnson Statement on Nationwide Opioid Settlement Agreement

July 21, 2021: Johnson & Johnson and its U.S.-based Janssen Pharmaceutical Companies today announced the finalization of a nationwide settlement agreement to resolve opioid-related claims and litigation by states, cities, counties, and other subdivisions in the United States. As previously announced, the Company will contribute up to $5 billion to the settlement, depending on the number of state and local governments that elect to opt into the agreement over the next several months.

"We recognize the opioid crisis is a tremendously complex public health issue, and we have deep sympathy for everyone affected. This settlement will directly support state and local efforts to make meaningful progress in addressing the opioid crisis in the United States,” said Michael Ullmann, Executive Vice President, General Counsel, Johnson & Johnson.

The Company’s actions relating to the marketing and promotion of important prescription opioid medications were appropriate and responsible. DURAGESIC®, NUCYNTA® and NUCYNTA® ER accounted for less than one percent of total opioid prescriptions in the U.S. since launch. This national settlement agreement is designed to resolve the vast majority of litigation-based claims regarding the past sales of the Company’s prescription opioid medications. This is not an admission of any liability or wrongdoing and the Company will continue to defend against any litigation that the final agreement does not resolve. The Company no longer sells prescription opioid medications in the United States as part of our ongoing efforts to focus on transformational innovation and serving unmet patient needs.

Cautions Concerning Forward-Looking Statements

This statement contains “forward-looking statements” as defined in the Private Securities Litigation Reform Act of 1995 regarding the resolution agreement regarding opioid litigation. The reader is cautioned not to rely on these forward-looking statements. The information contained in this statement is for informational purposes only and should not be construed as a commitment by the Company to engage in any specific strategy or course of action. Due to the inherent uncertainty of litigation, the Company cannot predict the timing, ultimate outcome or financial impact of this matter, or any other ongoing or future litigation. The forward-looking statements in this statement are based on current expectations of future events. If underlying assumptions prove inaccurate or known or unknown risks or uncertainties materialize, actual results could vary materially from the expectations and projections of the Janssen Pharmaceutical Companies and/or Johnson & Johnson. Risks and uncertainties include, but are not limited to: significant adverse litigation or government action, including related to product liability claims; economic factors, such as interest rate and currency exchange rate fluctuations; competition, including technological advances, new products and patents attained by competitors; challenges inherent in new product research and development, including uncertainty of clinical success and obtaining regulatory approvals; uncertainty of commercial success for new and existing products; challenges to patents; the impact of patent expirations; the ability of the company to successfully execute strategic plans; the impact of business combinations and divestitures; manufacturing difficulties or delays, internally or within the supply chain; product efficacy or safety concerns resulting in product recalls or regulatory action; changes to applicable laws and regulations, including tax laws and global health care reforms; trends toward health care cost containment; changes in behavior and spending patterns of purchasers of health care products and services; financial instability of international economies and legal systems and sovereign risk; increased scrutiny of the health care industry by government agencies. A further list and descriptions of these risks, uncertainties and other factors can be found in Johnson & Johnson's Annual Report on Form 10-K for the fiscal year ended January 3, 2021, including in the sections captioned “Cautionary Note Regarding Forward-Looking Statements” and “Item 1A. Risk Factors,” in the company’s most recently filed Quarterly Report on Form 10-Q and in the company’s subsequent filings with the Securities and Exchange Commission. Copies of these filings are available online at www.sec.gov, www.jnj.com or on request from Johnson & Johnson. Any forward-looking statement made in this statement speaks only as of the date of this statement. Neither the Janssen Pharmaceutical Companies nor Johnson & Johnson undertakes to update any forward-looking statement as a result of new information or future events or developments. The Company expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this statement.

Johnson & Johnson Reaches Opioid Settlement Agreement with New York State Consistent with Terms of Previously Announced Broader Settlement Agreement in Principle

June 25, 2021: Johnson & Johnson and its U.S.-based Janssen Pharmaceutical Companies today announced a settlement agreement with the State of New York and its participating subdivisions, including Nassau County and Suffolk County, resolving their opioid-related claims against the Company. With this agreement, the Company is removed from the trial scheduled to begin in Suffolk County on June 28, 2021.

The settlement will provide New York and its participating subdivisions with up to $263 million in funding to address opioid related issues, as well as reimbursement for attorney fees and costs. Note, the Company made the business decision in 2020 to discontinue all of its prescription pain medications in the United States. The settlement is not an admission of liability or wrongdoing by the Company, and it is consistent with the terms of the previously announced $5 billion all-in settlement agreement in principle for the resolution of opioid lawsuits and claims by states, cities, counties and tribal governments. The dollar amount to be received by the State is the pro-rated share it would have received under the broader agreement in principle, which will be deducted from the all-in settlement amount.

There continues to be progress toward finalizing the all-in settlement agreement, and the Company remains committed to providing certainty for involved parties and critical assistance for communities in need. The Company will continue to defend against any litigation that the final agreement does not resolve.

The Company’s actions relating to the marketing and promotion of important prescription pain medications were appropriate and responsible. Janssen developed two prescription opioid medicines – a patch and a crush-resistant tablet – designed to help patients suffering from pain. DURAGESIC®, NUCYNTA®, and NUCYNTA® ER have accounted for less than one percent of total opioid prescriptions in the U.S. since launch. The Company does not distribute or market any opioid products in the U.S. and continues to work with partners to help families and communities address their opioid-related issues.

About DURAGESIC®, NUCYNTA® and NUCYNTA® ER

For full prescribing information, instructions for use, and medication guide for DURAGESIC®, please visit http://bit.ly/duragesicPI.

For full prescribing information and medication guides for NUCYNTA® and NUCYNTA® ER, please visit http://bit.ly/nucyntaPI and http://bit.ly/nucyntaER-PI.

Cautions Concerning Forward-Looking Statements

This press release contains “forward-looking statements” as defined in the Private Securities Litigation Reform Act of 1995 regarding the resolution agreement reached in New York State regarding opioid litigation. The reader is cautioned not to rely on these forward-looking statements. The information contained in this press release is for informational purposes only and should not be construed as a commitment by the Company to engage in any specific strategy or course of action. Due to the inherent uncertainty of litigation, the Company cannot predict the timing, ultimate outcome or financial impact of this matter, or any other ongoing or future litigation. The forward-looking statements in this press release are based on current expectations of future events. If underlying assumptions prove inaccurate or known or unknown risks or uncertainties materialize, actual results could vary materially from the expectations and projections of the Janssen Pharmaceutical Companies and/or Johnson & Johnson. Risks and uncertainties include, but are not limited to: significant adverse litigation or government action, including related to product liability claims; economic factors, such as interest rate and currency exchange rate fluctuations; competition, including technological advances, new products and patents attained by competitors; challenges inherent in new product research and development, including uncertainty of clinical success and obtaining regulatory approvals; uncertainty of commercial success for new and existing products; challenges to patents; the impact of patent expirations; the ability of the company to successfully execute strategic plans; the impact of business combinations and divestitures; manufacturing difficulties or delays, internally or within the supply chain; product efficacy or safety concerns resulting in product recalls or regulatory action; changes to applicable laws and regulations, including tax laws and global health care reforms; trends toward health care cost containment; changes in behavior and spending patterns of purchasers of health care products and services; financial instability of international economies and legal systems and sovereign risk; increased scrutiny of the health care industry by government agencies. A further list and descriptions of these risks, uncertainties and other factors can be found in Johnson & Johnson's Annual Report on Form 10-K for the fiscal year ended December 30, 2020, including in the sections captioned “Cautionary Note Regarding Forward-Looking Statements” and “Item 1A. Risk Factors,” in the company’s most recently filed Quarterly Report on Form 10-Q and in the company’s subsequent filings with the Securities and Exchange Commission. Copies of these filings are available online at www.sec.gov, www.jnj.com or on request from Johnson & Johnson. Any forward-looking statement made in this release speaks only as of the date of this release. Neither the Janssen Pharmaceutical Companies nor Johnson & Johnson undertakes to update any forward-looking statement as a result of new information or future events or developments. The Company expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this press release.

Statement on Opioid Resolution

October 13, 2020: Johnson & Johnson and its U.S.-based Janssen Pharmaceutical Companies disclosed that the Company will contribute up to an additional $1 billion to an all-in settlement amount that would resolve opioid lawsuits filed and future claims by states, cities, counties and tribal governments. This amount represents an increase to the $4 billion agreement in principle announced by a committee of State Attorneys General on October 21, 2019, for a total of $5 billion. Additional terms and conditions are still being finalized. This additional amount results from continued negotiations and is intended to maximize participation in the settlement. The settlement is not an admission of liability or wrongdoing, and the Company will continue to defend against any litigation that the final agreement does not resolve. The settlement will provide certainty for involved parties and critical assistance for families and communities in need.

Cautions Concerning Forward-Looking Statements

This statement contains “forward-looking statements” as defined in the Private Securities Litigation Reform Act of 1995 regarding the additional $1 billion reserve for the resolution of opioid lawsuits filed and future claims by states, cities, counties and tribal governments. The reader is cautioned not to rely on these forward-looking statements. The information contained in this press release statement is for informational purposes only and should not be construed as a commitment by the Company to engage in any specific strategy or course of action. Due to the inherent uncertainty of litigation, the Company cannot predict the timing, ultimate outcome or financial impact of this matter, or any other ongoing or future litigation. The forward-looking statements in this statement are based on current expectations of future events. If underlying assumptions prove inaccurate or known or unknown risks or uncertainties materialize, actual results could vary materially from the expectations and projections of the Janssen Pharmaceutical Companies and/or Johnson & Johnson. Risks and uncertainties include, but are not limited to: significant adverse litigation or government action, including related to product liability claims; economic factors, such as interest rate and currency exchange rate fluctuations; competition, including technological advances, new products and patents attained by competitors; challenges inherent in new product research and development, including uncertainty of clinical success and obtaining regulatory approvals; uncertainty of commercial success for new and existing products; challenges to patents; the impact of patent expirations; the ability of the company to successfully execute strategic plans; the impact of business combinations and divestitures; manufacturing difficulties or delays, internally or within the supply chain; product efficacy or safety concerns resulting in product recalls or regulatory action; changes to applicable laws and regulations, including tax laws and global health care reforms; trends toward health care cost containment; changes in behavior and spending patterns of purchasers of health care products and services; financial instability of international economies and legal systems and sovereign risk; increased scrutiny of the health care industry by government agencies. A further list and descriptions of these risks, uncertainties and other factors can be found in Johnson & Johnson's Annual Report on Form 10-K for the fiscal year ended December 29, 2019, including in the sections captioned “Cautionary Note Regarding Forward-Looking Statements” and “Item 1A. Risk Factors,” in the company’s most recently filed Quarterly Report on Form 10-Q and in the company’s subsequent filings with the Securities and Exchange Commission. Copies of these filings are available online at www.sec.gov, www.jnj.com or on request from Johnson & Johnson. Any forward-looking statement made in this statement speaks only as of the date of this release. Neither the Janssen Pharmaceutical Companies nor Johnson & Johnson undertakes to update any forward-looking statement as a result of new information or future events or developments. The Company expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this statement.

Filing of Appellant’s Brief in Chief in Oklahoma

We recognize the opioid abuse crisis is a tremendously complex public health issue. We have deep sympathy for everyone affected, and we are working with partners to find ways to help those in need.

We are moving forward with our appeal of the flawed judgment in Oklahoma. Janssen did not cause the opioid abuse crisis in the State, and left unchallenged, this radical reimagination of Oklahoma public nuisance law would have a grave impact on companies doing business there.

Johnson & Johnson publishes "Board Report on Oversight of Risk Related to Opioids"

Access the "Board Report on Oversight of Risk Related to Opioids".

Statement from Johnson & Johnson on Oklahoma Court Order

We are moving forward with our appeal of this judgment because it is neither supported by the facts nor the law. We recognize the opioid crisis is a tremendously complex public health issue and have deep sympathy for everyone affected. We do not believe litigation is the answer and are continuing to work with partners to find solutions.

Statement from Sabrina Strong, Partner, O’Melveny, and Outside Counsel for Johnson & Johnson and Janssen Pharmaceuticals, Inc., on Oklahoma Court Order

Today marks another procedural step on the way to appeal. As was said when the judgment was announced, the Company has very strong grounds to have this decision overturned. The Company manufactured FDA-approved pain medicines, took steps to educate doctors so they could make informed treatment decisions with their patients, and trained their sales representatives to lawfully provide appropriate and accurate information to doctors.

Excerpt from Johnson & Johnson Press Release on Ohio Trial Settlement Agreement

Johnson & Johnson Reaches Settlement Agreement with Two Ohio Counties Ahead of Upcoming Opioid Trial

Company acted responsibly with its products and the settlement is not an admission of liability

$10 million settlement payment and additional commitments address all claims of the two counties

Company remains open to negotiating a viable, broader resolution to outstanding cases

NEW BRUNSWICK, NJ – October 1, 2019: Johnson & Johnson (NYSE: JNJ) and its Janssen Pharmaceutical Companies today announced a settlement agreement with the Ohio counties of Cuyahoga and Summit that resolves all of the counties’ claims with no admission of liability and removes the Company from the federal trial scheduled to begin October 21, 2019. As part of the agreement, the Company will make a combined $10 million settlement payment to the counties.

The settlement allows the Company to avoid the resource demands and uncertainty of a trial as it continues to seek meaningful progress in addressing the nation’s opioid crisis. The Company recognizes the opioid crisis is a complex public health challenge and is working collaboratively to help communities and people in need.

Read the full press release by clicking here.

Excerpt from Johnson & Johnson Press Release on Oklahoma Lawsuit Judgment

Johnson & Johnson To Appeal Flawed Opioid Judgment in Oklahoma

Company did not cause opioid crisis; neither facts nor law support this outcome

Company confident it has strong grounds for appeal

NEW BRUNSWICK, NJ – August 26, 2019: Johnson & Johnson (NYSE: JNJ) and its Janssen Pharmaceutical Companies today announced they will appeal the $572 million civil judgment entered in Cleveland County District Court in the State of Oklahoma’s lawsuit against opioid manufacturers. The Company is confident it has strong grounds to appeal this decision.

The judgment disregards the Company’s compliance with federal and state laws, the unique role its medicines play in the lives of the people who need them, its responsible marketing practices and that since launch, DURAGESIC®, NUCYNTA® and NUCYNTA® ER have accounted for less than one percent of total opioid prescriptions in Oklahoma as well as the United States.

“Janssen did not cause the opioid crisis in Oklahoma, and neither the facts nor the law support this outcome,” said Michael Ullmann, Executive Vice President, General Counsel, Johnson & Johnson. “We recognize the opioid crisis is a tremendously complex public health issue and we have deep sympathy for everyone affected. We are working with partners to find ways to help those in need.”

Read the full press release by clicking here.

Statement from John Sparks, Oklahoma counsel for Janssen Pharmaceuticals, Inc. and Johnson & Johnson, on Filing of Findings of Fact and Conclusions of Law in Oklahoma Trial

We agree opioid abuse is a significant public health problem in Oklahoma, but the facts and the law in this case warrant a judicial decision rejecting the State’s public nuisance claim. Not once did the State identify a single Oklahoma doctor who was misled by a single Janssen statement, nor did it prove that Janssen misleadingly marketed opioids or caused any harm in Oklahoma. The State’s attempt to resolve this tremendously complex social problem with an unprecedented expansion of public nuisance law is misguided and legally unsustainable

Statement from Janssen Pharmaceuticals, Inc. on Oklahoma Trial Closing Arguments

We recognize that opioid abuse and addiction in Oklahoma and across the United States is a complex and serious problem, and it requires all of us – companies, scientists, frontline health care professionals, regulators and policymakers – to work together. Public health issues require public health solutions, and we are committed to participating in the ongoing efforts.

In this litigation, the evidence showed that our company responsibly marketed and promoted our prescription opioid medicines, appropriately following the law and regulatory process. We did what a responsible company should do.

Statement from John Sparks, Oklahoma counsel for Janssen Pharmaceuticals, Inc. and Johnson & Johnson, on Oklahoma Trial Closing Arguments

Throughout trial, our team repeatedly laid waste to the State’s case which it built on misstatements and distortions. The facts are that Janssen appropriately provided essential pain treatment options to Oklahomans while balancing the inherent risks associated with these medicines.

The evidence presented by the State does not support its sweeping allegations. Instead, they unfairly and improperly continue to pursue their unsustainable case – with broad ramifications for industry – by asking the court to legislate and arbitrate this incredibly complex public health problem.

Janssen and Johnson & Johnson will continue to work towards meaningful solutions, outside of the courtroom. We respectfully await the judge’s decision.

Counsel for Janssen Pharmaceuticals, Inc. and Johnson & Johnson Files Motion for Judgment

We recognize that the opioid abuse crisis is a complex problem, and we are committed to being part of the ongoing dialogue to find ways to address this crisis. Despite the complexity of this problem, the State of Oklahoma is attempting to hold Janssen and Johnson & Johnson liable for billions of dollars in damages – all without offering evidence that shows our companies were the cause of Oklahoma’s opioid crisis.

After five weeks of testimony, the State of Oklahoma has officially rested its case. On July 3, Janssen and Johnson & Johnson filed a motion for judgement that outlines our view that the State did not present sufficient evidence to support its claims.

The motion is available here.

Statement from John Sparks, Oklahoma counsel for Janssen Pharmaceuticals, Inc. and Johnson & Johnson, on Motion for Judgment

Despite the stated complexity of this problem, the State is attempting to hold Janssen and Johnson & Johnson liable for damages without offering any evidence that the companies were the cause of Oklahoma’s opioid crisis. The State’s case disregards federal laws and regulations concerning prescription medicines, and ignores established legal precedent and the separation of powers doctrine, threatening to thrust the Court and the parties into uncharted legal waters long after the conclusion of this case. Now that the State has formally rested its case, we have filed a motion that respectfully requests the Court find in favor of defendants because, as detailed fully in the motion, the State does not have sufficient evidence to prove its claims.

Statement from Janssen Pharmaceuticals, Inc. on the Opioid Addiction Public Health Issue

Our actions in the marketing and promotion of these important prescription pain medications were appropriate and responsible. The FDA-approved labels for these prescription pain medications provide clear information about their risks and benefits. The allegations made against our company are baseless and unsubstantiated. In fact, since 2008, our opioid medications have accounted for less than one percent of the U.S. market for this class of medications (including generics).

Opioid abuse and addiction are serious public health issues. We are committed to being part of the ongoing dialogue and to doing our part to find ways to address this crisis.

Statement from Janssen Pharmaceuticals, Inc. on Recent Teva Announcement in Oklahoma

We acted responsibly in providing FDA-approved pain medications, and we are ready for trial. We disagree with the State’s overly expansive theories of public nuisance law, which should not apply in this situation. At the same time, as with all litigation, if an appropriate resolution is possible that avoids the expense and uncertainty of a trial, we are always open to that option.

Statement from John Sparks, Oklahoma counsel for Janssen Pharmaceuticals, Inc. and Johnson & Johnson, on Noramco and Tasmanian Alkaloids

The State ignores basic facts. Johnson & Johnson did not manufacture, sell, or market the FDA-approved medicines made by other companies that used Noramco APIs. The State also ignores that the production of raw materials and active pharmaceutical ingredients are tightly regulated by the FDA and DEA, both of which approved Noramco’s output.

Statement from John Sparks, Oklahoma counsel for Janssen Pharmaceuticals, Inc. and Johnson & Johnson, on Application of Public Nuisance Law

The State ignores basic facts. Johnson & Johnson did not manufacture, sell, or market the FDA-approved medicines made by other companies that used Noramco APIs. The State also ignores that the production of raw materials and active pharmaceutical ingredients are tightly regulated by the FDA and DEA, both of which approved Noramco’s output.

Statement from John Sparks, Oklahoma counsel for Janssen Pharmaceuticals, Inc. and Johnson & Johnson, on Application of Public Nuisance Law

Oklahoma for more than a century has limited public nuisance to disputes involving property or public spaces—for example, to remedy an intrusion from an overgrown hedge. The State ignores this well-established law and now argues that public nuisance allows them to compel any party allegedly contributing in any measure to a social problem to fund all programs that state administrators dream up to address it. This is not and should not be the law. It threatens every company and industry doing business in the State of Oklahoma.