Saray Perez, Cheryl Bailey, Kimberly Bartlett, Anna Cesareo and Soraya Arias, Plaintiffs-Appellants v. Wyeth…

Summary

The Supreme Court of New Jersey held that the learned intermediary doctrine does not apply to direct‑to‑consumer advertising of prescription drugs such as Norplant, imposing a duty on manufacturers to warn consumers directly. The Court reversed the Appellate Division’s judgment and remanded for further proceedings on summary‑judgment issues. Justice Pollock’s dissent argued that the statute clearly limits the duty to physicians and that the majority improperly expanded liability.