DuPont Merck Pharmaceutical Co v. Superior Court

In DuPont Merck Pharmaceutical Co. v. Superior Court (2000) 78 Cal.App.4th 562, a class action lawsuit was filed against the manufacturer of the drug Coumadin. (Id. at p. 564.) The plaintiffs alleged the manufacturer artificially inflated the price of the drug by disseminating false information concerning an alternative generic product to regulatory and legislative bodies, the medical profession, and to the public. (Id. at pp. 564-565.) In reviewing the trial court's decision on the defendant's special motion to strike, the Fourth Appellate District first concluded that the defendant's lobbying activities satisfied the requirements of section 425.16, subdivision (e)(1). (78 Cal.App.4th at pp. 565-566.) The court also concluded that the manufacturer's advertising to doctors and the public was " 'in connection with a public issue.' " (Id. at pp. 566-567.) In reaching that conclusion, the court looked to the plaintiffs' complaint, which stated: " '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.' " (Id. at p. 567.) Based on this allegation, the court reasoned that "both the number of persons allegedly affected and the seriousness of the conditions treated establish the issue as one of public interest." (Ibid.)