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What can we learn from the Essure lawsuits and how Bayer handled public image results?

Most people do not know anything about Essure but those in the marketing world did pay close attention to the development of the Essure lawsuits that appeared. This is mainly because we are talking about a product that was manufactured and marketed by Bayer, a leading company and a huge worldwide brand. Learning how to deal with huge legal problems and how image is affected is very important for all people involved in PR and marketing.
Every single time that a huge scandal appears, we can learn new things from how the firms dealt with the controversy. The best possible example was the & Johnson.htm Tylenol case. In that particular situation we saw a historical decision made by the Johnson & Johnson management team at the suggestion of the PR manager to withdraw millions of dollars worth of painkillers from the market. Marketing specialists from around the world praised the choice and concluded that this was the only way in which the company could have survived.

Although now with Essure we are not at the same level, we can still learn about marketing and public relations because we had a different approach to what Johnson & Johnson did.

Essure is basically a contraceptive device. Unfortunately for the manufacturer, different side effects appeared for some of the women that decided to trust the product. That led towards the appearance of lawsuits. Every single large manufacturer has to deal with lawsuits from time to time but they rarely reach the level at which we see things now with this contraceptive device.

What Bayer did really well was to protect themselves from a legal point of view before the product was even launched. They are really hard to touch because the FDA did approve the product and most litigations are no longer possible. What the attorneys did was try to lift this protection because of various reasons. By using a different way of saying things, mostly rephrasing and complicated words, the company is covered for the failure of the device. However, coverage does not exist against the side effects that were actually caused by Essure.

As a marketer, you are interested in protecting your products while promoting them. However, one thing that Bayer did do wrong was not clearly mention all the potential side effects. The women that used Essure and were not told about the potential side effects do have a good lawsuit on their hands. The same thing cannot be said in the event that doctors told them about the potential side effects.

Bayer protected their business by always highlighting side effects to the doctors that would use and recommend Essure. This moves the liability to the doctor. However, because of various communication problems, Bayer is still liable in some situations. If there is one thing that we have to learn from the entire Essure lawsuit problem, it is that communication between all people involved is vital for avoiding potential lawsuits that can appear because of various product faults.

6 Jul 2016 11:00


About Boris Dzhingarov

Boris Dzhingarov graduated UNWE with a major in marketing. He is the CEO of ESBO ltd brand mentioning agency. He writes for several online sites such as,,, Boris is the founder of and