Johnson and Johnson ‘distorting history and law’

The American Red Cross (ARC) has again hit out following the filing of a lawsuit by Johnson & Johnson regarding the charity’s use of the Red Cross emblem.

In what it describes as a “detailed rebuttal” to claims publicised in the lawsuit, the ARC first disputes allegations that the pharmaceuticals giant established first use of the symbol, while adding that the Barton Agreement regarding the use of the emblem by Johnson & Johnson was never legally ratified.

Furthermore, the ARC claims that this dispute is purely based on profit, while the ARC has challenged the key parts of the Johnson & Johnson lawsuit.

The ARC notes that it is a non-profit organisation that received $2 million (one million pounds) in revenue derived from product sales last year, while Johnson & Johnson saw total revenues of $53.3 billion in 2006.

Mark W Everson, president and chief executive officer of the ARC, said: “Our legal argument is based on solid substantiated facts.”

“[Johnson & Johnson} has taken a criminal statute intended by congress to protect the [ARC] and is now using it to distort history and the law.”

Last week, Johnson & Johnson claimed that it had sought mediation with the ARC on this issue over a number of months “to no avail”, while expressing its “disappointment” at the decision by the ARC to license the Red Cross emblem for commercial purposes in a number of sectors.