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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW Mt. Ashland Ski Area eyes possible opening this weekend ... 1 killed by tree; storms drench Pacific Northwest ... Man hid inside McDonald's to steal food ... Mt. Ashland Ski Area eyes possible opening this weekend ... 1 killed by tree; storms drench Pacific Northwest ... Man hid inside McDonald's to steal food ... OREGON COURT OF APPEALS Court revives Oregon suit over 'phantom recall' of Motrin Comment By Steven DuBois The Associated Press MailTribune.com By Steven DuBois The Associated Press Posted Nov. 25, 2015 at 2:37 PM By Steven DuBois The Associated Press Posted Nov. 25, 2015 at 2:37 PM » Social News PORTLAND — A lawsuit over Johnson & Johnson's buyback of defective Motrin pills has been given new life by the Oregon Court of Appeals. Johnson & Johnson discovered in late 2008 that supplies of the painkiller manufactured in Puerto Rico failed to dissolve properly, an issue that could lessen effectiveness. Instead of notifying customers with a recall, the company hired a contractor to send secret shoppers out to buy the bad product from store shelves. The unique approach eventually came to light, prompting a congressional inquiry in 2010. Former Oregon state Attorney General John Kroger sued the company and two subsidiaries in January 2011, saying the "phantom recall" exposed consumers to defective supplies of the pain reliever and violated the state's unlawful trade practices act. The Appeals Court said Wednesday a trial judge dismissed the case incorrectly three years ago. Lawyers for Johnson & Johnson argued that the firms did not violate the trade practices act because there was no proof the defective product was ever sold in Oregon. The Appeals Court disagreed. "The actionable conduct was the failure to inform Oregonians of a known material risk that the Motrin they were purchasing might be defective," Chief Judge Rick Haselton wrote in sending the case back to trial court. James McDermott, a lawyer representing Johnson & Johnson, said he was not told a ruling had come down and would comment after reading the opinion. The first phase of the buyback program took place in March and April 2009, and was designed to survey the amount of defective product on shelves. A larger buyback began in June 2009, according to a summary of the case included in the opinion. The drafted instructions to field employees stressed the program's secretive nature. "You should simply 'act' like a regular customer while making these purchases," the instructions said. "THERE MUST BE NO MENTION OF THIS BEING A RECALL OF THE PRODUCT! If asked, simply state that your employer is checking the distribution chain of this product and needs to have some of it purchased for the project." In July 2009, a concerned secret shopper alerted the Oregon Board of Pharmacy, which then notified the federal Food and Drug Administration. By Steven DuBois The Associated Press MailTribune.com By Steven DuBois The Associated Press Posted Nov. 25, 2015 at 2:37 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... Business Name address Location, ST | website.com Find Southern Oregon Attractions Bars Restaurants Beauty Salons Entertainment Doctors Medical Specialists Contractors Education Lawn Services Lawyers Shopping Travel Tanning Used Cars Wedding Services ▼ Add your business here + Events Calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2015 Local Media Group, Inc. All Rights Reserved. Privacy Policy | Terms of Service | Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501