Manatt’s Jacqueline Wolff, co-chair of the firm’s corporate investigations and white collar defense practice, was quoted by Law360 for an article on the False Claims Act’s role in the opioid crackdown.
A recent case brought by New Jersey claimed that Insys Therapeutics Inc. had improperly marketed its drug, Subsys, which is a fentanyl-based treatment. Wolff explained that this and similar cases involve drugs that have “very narrow” indications for use.
“Other opioid products might not be as limited, and therefore it would be more difficult to find that the manufacturer or the distributor engaged in some kind of abusive conduct that would form the basis of a False Claims Act case,” she said.