DuPont Merck Pharmeceutical Co. v. Superior Court

In DuPont Merck Pharmeceutical Co. v. Superior Court (2000) 78 Cal.App.4th 562, the consumer plaintiffs alleged the defendant pharmaceutical company artificially inflated the price of its product, Coumadin, by disseminating false information regarding the drug's generic equivalent. The complaint alleged the false statements were made before regulatory bodies, to the medical profession, and to the public. (Id. at p. 564.) While the statements made before regulatory bodies fell under the first two prongs of section 425.16, subdivision (e), the statements to the public at large fell under the third and fourth prongs, and were therefore required to relate to a public issue. (DuPont, at pp. 566-567.) The court noted: "We find the answer to this question in the first amended complaint. Plaintiffs allege: 'More than 1.8 million Americans have purchased Coumadin, an anti-coagulant medication, for the prevention and treatment of blood clots that can lead to life-threatening conditions such as stroke and pulmonary embolism.' Both the number of persons allegedly affected and the seriousness of the conditions treated establish the issue as one of public interest." (Id. at p. 567.)