Actos Mass Tort Ads Track Litigation Developments

Actos Mass Tort Ads Track Litigation Developments

Mass tort advertising targeting the diabetes drug Actos increased by 65% in September — following the loss of a bid in August to throw out a $9 billion punitive-damage award over claims the drugmakers, Takeda and Eli Lilly, hid the cancer risks of the diabetes medicine.

While the drugmakers subsequently won a more than 99 percent cut in the award in ruling on a separate motion earlier this week, the reduced award total of $36.8 million will likely be subject to further appeal.

The increase is consistent with earlier shifts in Actos mass tort advertising following key litigation developments.

Actos, once the world’s best-selling diabetes medicine, is at the center of thousands of lawsuits across the country.

As the graph below indicates, over the past 6 months, mass tort advertising volumes focused on the drug fluctuated wildly from the $1.2 million spent in April following the first loss by Takeda in Lousiana federal court and the imposition of that multibillion dollar verdict early that month to a low of just over $300,000 spent in August following victories for the drugmaker in Nevada and Illinois state courts in May.

Reflecting the national scope of the litigation, over half of all ad spending in September was devoted to ads airing on national broadcast and cable networks.

While about a dozen advertisers purchased Actos ads in September, three sponsors —  the lead generation firm The Relion Group and the Goldwater and Stewart & Stewart law firms– accounted for over 90% of all estimated ad spending.

Given these trends, it should come as no surprise if mass tort advertising volumes increase in October and beyond in light of the Louisiana verdict and the $2 million damage award to an Actos plaintiff in the Philadelphia Court of Common Pleas in early October.