The news: Bayer filed a false advertising lawsuit against Johnson & Johnson over its promotions that compared J&J’s prostate cancer drug Erleada to Bayer’s rival drug Nubeqa.

• In a press release and marketing to healthcare providers, J&J cited a real-world study that Erleada can reduce the risk of death by 51% for some patients compared with Nubeqa.
• Bayer filed the suit in a New York district court, asserting the study did not use equivalent comparisons and is therefore false or misleading. It’s seeking damages and an injunction to stop J&J’s promotions.
• Bayer also alleges that AI, specifically via Google search results, is amplifying J&J’s promotional claims, expanding them beyond the initial channels.

Why it matters: This litigation signals a departure from the industry’s usual preference for FDA-led complaints, arriving just as federal regulators tighten their oversight of direct-to-consumer drug ads.

• In September, President Trump signed a memorandum directing the HHS to crack down on pharma advertising on TV and channels like social media.
• So far in 2026, eight FDA enforcement letters have been sent to pharma advertisers, compared to just one during the same time period in 2025, signaling a continued tougher regulatory stance.

Implications for pharma marketers and agencies: The current environment underscores the broad increased scrutiny that marketers face from regulatory agencies and rivals around consumer-facing claims, risk disclosures, and real-world study data outside of clinical trials.

The allegation that AI tools are amplifying promotional claims adds a new consideration for pharma marketers and agencies when creating ads. Even when marketers control the original messaging, AI search can surface, summarize, or reframe those claims outside the intended context. If courts or regulators begin factoring AI into enforcement, pharma advertisers will face added pressure to more carefully vet and substantiate comparative messaging before it circulates widely online.

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