Bayer, J&J Defeat Whistleblower’s Bid to Reinstate Fraud Suit

Bayer Corp. and Johnson & Johnson stopped a whistleblower’s appeal seeking to revive a suit alleging that the companies fraudulently induced the government to approve antibiotic drugs after a Thursday ruling by the Third Circuit.

False Claims Act whistleblower Charles Bennett failed to satisfy the heightened pleading standard for fraud claims required by the federal rules of civil procedure, Judge Cindy K. Chung said for the court.

Bennett sued in 2017, alleging that the companies defrauded the Food and Drug Administration by receiving payments for antibiotic drugs despite failing to disclose side effects.

He said the companies knew that the ...