The court has scheduled early discovery and motion practice focused on preemption and the adequacy of warning labels in the Ozempic lawsuits. However, the issue of marketing discovery has not been fully addressed, and plaintiffs are now seeking permission to include it at this early stage through a new motion.
Plaintiffs argue that marketing discovery is essential to the case, as pharmaceutical companies may downplay or obscure risks in their marketing, which can undermine the effectiveness of warnings provided on product labels. This is particularly significant given the stakes in this litigation. There is ample precedent supporting the relevance of marketing materials in evaluating the adequacy of warnings and in challenging preemption defenses, as marketing directly influences consumer perception and usage.
