Case Explained: S.A.S.B. CORP, a Florida corporation v. JOHNSON & JOHNSON HEALTH CARE SYSTEMS INC.; JANSSEN PHARMACEUTICALS INC

Court: United States Court of Appeals for the Third Circuit Filed: 2026-08-07 The Third Circuit reversed the District Court’s grant of a motion to dismiss, holding that the plaintiff’s complaint sufficiently stated a claim under the Telephone Consumer Protection Act (TCPA). The court determined that a reasonable factfinder could conclude the two-page fax sent by Johnson & Johnson subsidiaries constituted an “unsolicited advertisement” because it promoted the commercial availability and quality of Xarelto with profit as its aim. Applying the objective standard set forth in *Robert W. Mauthe MD PC v. Millenium Health LLC*, the court found that offering to help patients lower out-of-pocket costs for a specific prescription drug is functionally similar to a coupon and thus promotes the product’s sale. The court rejected the District Court’s reliance on the fax’s use of non-commercial language like “support” and “help,” noting these terms must be read in context where they urge the purchase of Xarelto by emphasizing affordability. Additionally, the court held that the complaint plausibly alleged the defendants sent the fax, rejecting arguments regarding the lack of a cover sheet or the presence of patient-specific data, as the pleading standard requires only plausibility rather than probability. The practical consequence is that the case will proceed to discovery and further litigation, allowing the plaintiff to obtain evidence regarding the division of responsibility between the two corporate defendants for sending the fax. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.