The 10 Biggest Viagra Lawsuits in History
Viagra has been very profitable for Pfizer. Something that is perhaps unsurprising. After all, more than half of men experience erectile dysfunction at some point, meaning there is an enormous market for the pills. That said, Pfizer wouldn’t have been able to profit from Viagra without a willingness to fight it out in the courts. Sometimes, it has been on the attack; other times, it has been on the defense. As always, some of these legal battles have been much more memorable than the rest.
Here are 10 of the biggest Viagra lawsuits in history:
10. Pfizer Sues Man with Decommissioned Missile
Viagra’s use for treating erectile dysfunction made it easier for Pfizer to market the blue, diamond-shaped pills. However, it couldn’t have become instantly recognizable by the general public as fast as it did without effective and efficient marketing. Some sought to benefit from Pfizer’s efforts without being Pfizer. These included a man named Arye Sachs, who decided it was a good idea to tow a decommissioned missile bearing the slogan “Viva Viagra” around Manhattan before parking it in front of the pharmaceutical company’s headquarters.
Pfizer Didn’t Find the Joke Very Funny
Chances are good interested individuals can guess Pfizer didn’t laugh off the incident. Reuters says the pharmaceutical company sued Sachs because it was concerned that people might have interpreted the decommissioned missile as an ad for its product rather than Sachs’s outdoor advertising service. Subsequently, the judge who presided over the case ruled in Pfizer’s favor, thus making it clear he didn’t find Sachs’s claim of free speech usage convincing.
9. Pfizer Goes After Dubious Websites
In the early 2000s, Pfizer decided to go after dubious websites that claimed to sell Viagra at low prices. World Trademark Review states that at least some of its motivation came from a survey showing that a quarter of American men believed it was responsible for Viagra-themed spam. Something that had a devastating effect on Pfizer’s reputation. After all, those dubious websites didn’t just sell counterfeit pills with low effectiveness because of a low proportion of active ingredients. In some cases, their products contained lead and other dangerous materials. Consumers didn’t have an easy way to distinguish between real and fake Viagra. Due to that, these dubious websites were potential PR nightmares for Pfizer.
Some Thought It Was Swimming Against the Tides
At the time, some people thought Pfizer was wasting its time by using the law to push back on this problem. Their chain of reasoning is that its chosen weapon was slow and cumbersome, meaning it couldn’t hope to take out more than a small part of the thousands of dubious websites selling counterfeit pills. Still, Pfizer believed that going after them would help in two ways. First, it showed that the people responsible for these operations couldn’t do as they pleased without repercussions. Second, it hoped that the reports on its actions would inform the general public about the problem, thus reducing the chances of them falling for counterfeit pills.
8. Man Sues Because of Priapism
A Forbes contributor says an ex-inmate named Dustin Lance filed a $5 million lawsuit because of a painful case of priapism. As the story goes, he swallowed an unidentified pill. Subsequently, Lance complained about a painful, continuous erection. Unfortunately, the prison staff laughed at him, meaning he wasn’t able to get medical assistance for several days. It isn’t 100 percent clear what he swallowed. However, the Forbes contributor pointed out that Viagra is one potential candidate because priapism is one of its known side effects.
Priapism Is a Serious Problem
Priapism is often seen in a comical light. However, interested individuals should know it is a serious problem that sufferers should get treated as soon as possible. This is particularly true because the most common kind of priapism is ischemic priapism, which is when the blood can’t leave the penis at all. No circulation means no oxygen, meaning this can cause permanent damage to this part of the body. On top of this, priapism tends to mean something has gone seriously wrong, so it should be checked out lest the underlying cause worsens over time.
7. EU Slaps Down Stimulating Drink with Suspiciously-Similar Name
The United States was far from being the only country where people wanted to benefit from Pfizer’s marketing without being Pfizer. Since the pharmaceutical company wanted to sell its product around the world, it had to be ready to challenge anyone who violated its trademark. For instance, Abcor mentions a Polish company that tried to sell beverages under the name Viaguara, which was rejected for being too similar to Viagra.
The EU Court Ruled Viaguara Was Too Similar to Viagra
Interested individuals should know there was some back-and-forth on the issue. However, the European Trademark Office rejected Viaguara in the end because of two reasons. For starters, Viagra was well-known throughout much of the European Union. Thanks to that, there was an increased need to be concerned about the potential for confusion on the part of consumers. Furthermore, it was determined that there was an overlap between Viagra and Viaguara. Yes, the latter would cover beverages. The issue was that these would be stimulating beverages. That was a problem because Viagra wasn’t used for treating a serious medical condition. Instead, it was meant for erectile dysfunction, thus imbuing it with connotations of energy and vitality.
6. Pfizer Wins Some Trademark Cases and Loses Others in China
Pfizer fought several legal battles to protect its trademark in China. Sometimes, it was successful, as shown by the time when a Chinese court ordered three Chinese drug manufacturers to stop using its distinctive blue color and diamond shape before paying a fine and publishing an apology. On other occasions, Pfizer met with failure.
Pfizer Failed to Apply For a Commonly-Used Nickname
To name an example, Pfizer failed to prevent an electronic goods manufacturer from selling products under a name that can be interpreted to mean “Little Viagra.” This sounds horrible until one realizes that the pharmaceutical company blundered into this one by failing to apply for a commonly-used nickname when it entered the Chinese market. A Business Insider contributor explains that the electronic goods manufacturer used a name pronounced “Xiao Wei Ge,” which translates to “Little Big Brother.”
Pfizer sued because “Wei Ge” is a commonly-used nickname for Viagra. Unfortunately, it never applied for a trademark for it, as shown by how its official names for Viagra are “Wan Ai Kie” and “Wei Er Gang.” As a result, the electronic goods manufacturer got away with its trademark squatting, thus serving as an excellent reminder of how a small oversight can haunt companies for years and years to come.
5. AIDS Healthcare Foundation Sues Over Pfizer Marketing
The AIDS Healthcare Foundation is a nonprofit that specializes in combating HIV/AIDS. Primarily, it is known for providing healthcare to people with the medical condition. However, the AIDS Healthcare Foundation is also famous for its legal activism. For example, it spearheaded an initiative to require condoms when filming adult movies in Los Angeles County. Similarly, it has been involved in fights to cap pharmaceutical prices and block housing construction. In 2007, the AIDS Healthcare Foundation sued Pfizer because of its Viagra marketing.
The Organization Was Upset About How Pfizer Presented Viagra to the Public
KPBS reported that the AIDS Healthcare Foundation was upset with how Pfizer presented Viagra to the public. In its opinion, the pharmaceutical company made it seem like something every man should be taking to improve their sex life rather than something men with erectile dysfunction should be taking to treat that issue. Thanks to this, the AIDS Healthcare Foundation claimed that Pfizer was deliberately encouraging the use of Viagra as a recreational drug, which was leading to unsafe sex practices that spread HIV and other STIs.
4. Pfizer Sees Mixed Results with Patent Lawsuits
Pharmaceutical patents last a limited time. That way, pharmaceutical companies are incentivized to research, but the general public can still benefit from reduced prices down the road. That said, it is very much possible for lawsuits to be involved in this process. Pfizer is an excellent example because the advent of generic Viagra involved more than one courtroom battle.
It Lost to Teva in Canada
For instance, Pfizer fought the general pharmaceutical manufacturer Teva in the United States but chose to settle in the end. Meanwhile, it straight-up lost a similar case when the Supreme Court of Canada voided its patent for Viagra in 2012. The CBC reports that this happened because Teva made a convincing argument that Pfizer’s patent was invalid.
In short, Canada gives pharmaceutical companies a 16-year monopoly so long as they can prove they have a new product. The issue is that they have to disclose how they made it. Pfizer didn’t do so adequately, which convinced the Supreme Court of Canada to come down on it for trying to game the system. Its decision opened the way for Teva to start manufacturing a generic version of Viagra. Something that presumably influenced the case in the United States to some extent.
3. People Sue Pfizer Because Cardiovascular Condition Claims
People can uncover new side effects for pharmaceuticals after their initial approval. Unsurprisingly, this process can generate numerous lawsuits. Viagra is no exception to this rule. At one point, numerous people sued Pfizer because of what seemed like an elevated risk of heart attacks and strokes.
Most of These Lawsuits Were Tossed Out
Drugwatch states most of these lawsuits were tossed out. That is because new information came to light that Viagra wasn’t the direct cause of heart attacks, strokes, and other cardiovascular conditions. Instead, studies suggested that the people who suffered from these things were often already receiving treatment for cardiovascular conditions. Thanks to that, they were often taking nitrate medicines, which caused their blood pressure to drop beyond safe levels when combined with Viagra.
2. People Sue Pfizer Over Vision Loss Claims
In the mid-2000s, Pfizer came under fire because a study suggested that Viagra could cause vision loss in those who used it. Supposedly, it lowered the blood supply to the optic nerve, thus causing problems with the latter. The FDA ordered changes to its label to account for this new information. Soon enough, Pfizer was hit by a slew of lawsuits from people claiming they had been affected by this issue. Funny enough, the pharmaceutical company prevailed in this case, so much so that it was more or less in the clear by the early 2010s.
Pfizer Won This One By Discrediting the Study
Those suing Pfizer made more than one blunder. However, the most important part is that the pharmaceutical company managed to discredit their expert witness – Dr. Gerald McGwin – who had authored the study. CBS says Pfizer found serious problems with the researcher’s methodology. For instance, his forms didn’t match his published results, which should send mental alarms blaring for obvious reasons. The pharmaceutical company wanted to go even further by getting the study retracted altogether, though it met with stumbling blocks in that regard.
1. People Sue Pfizer Over Skin Cancer Claims
That isn’t the only time Pfizer has encountered legal difficulties because of a study containing disturbing revelations. In 2014, various news sources reported a study showed that men who took the active ingredients in Viagra had an increased risk of developing melanoma. Hundreds of people rushed to sue the pharmaceutical company, which meant billions of dollars in claims.
Pfizer Seems to Have Prevailed Once More
Eventually, Pfizer and its co-defendant Eli Lilly prevailed in the early 2020s. Courthouse News Service states a judge ruled in their favor because none of the plaintiffs’ three expert witnesses were able to show to his satisfaction that there was a causal relationship between their products and the melanoma. Since then, Pfizer and Eli Lilly seem to be in the clear on this matter because the lawsuits have been dismissed.
