A marketing defect exists if the drug does not contain proper warnings or instructions.
Real Life Example:The pharmaceutical medication Abilify (aripiprazole) is sold by manufacturer Otsuka Pharmaceutical and marketed by Bristol-Meyer Squibb to help treat psychosis (a set of behaviors including strange or unwanted thoughts, behaviors, and perceptions).
After taking the drug, patients began filing lawsuits alleging that the drug caused them to engage in all sorts of risky behaviors, including gambling and shoplifting.
The Food and Drug Administration (FDA) conducted a review of Abilify and, in 2016, made an announcement stating that the medication’s label didn’t accurately reflect the “nature of the impulse-control risk.”
Learn more about the status of Abilify lawsuits.