J&J Seeks SCOTUS Review of $302 Million Fine in Pelvic Mesh Case

Johnson & Johnson and its Ethicon Inc. unit asked the US Supreme Court to review a $302 million civil fine stemming from allegations they misrepresented risks of pelvic mesh products, saying their due process rights were violated.

Then-California Attorney General Xavier Becerra filed an enforcement action in 2016, alleging the misrepresentations violated the state’s Unfair Competition Law and False Advertising Law. Each imposes a penalty up to $2,500 for each violation.

A trial court found that the companies committed 153,351 UCL violations and 121,844 FAL violations, based on the numbers of written and spoken marketing communications. It imposed a penalty ...