At present, Risperdal is approved by the FDA to treat schizophrenia, bipolar disorder, and some forms of autism. Invega is approved to treat schizophrenia and schizo-affective disorder. Any other use is what would be called “off-label.” Off-label use is not illegal—physicians are legally permitted to prescribe FDA-approved medicines to treat any condition, based on their professional judgment—though they may be liable for medical malpractice if they violate the standard of care by prescribing an inappropriate medication.
It is illegal when pharmaceutical companies advertise their drugs to doctors for off-label use. There is evidence that Johnson & Johnson went so far as to provide kickbacks to doctors and insurance companies to get them to prescribe and distribute more drugs.
If the manufacturer is concealing the information about what side effects a particular medicine causes, it is impossible for a doctor to give good advice, or prescribe the right medicine for the circumstances. The doctor is not in a good position to independently verify whether a drug is safe and effective for a particular use—that is the responsibility of the manufacturer.
Risperdal and Invega are dangerous drugs with severe side effects. No one claims that these drugs treat the underlying cause of any mental illness. They are powerful anti-psychotics; their function is basically to calm people down or “shut them up.” It should not be used for the elderly, and should only be used in the severely mentally ill when nothing else works. It should not be used for children. The downsides make them too dangerous otherwise. These are facts the manufacturer well knows. But Johnson & Johnson has concealed this information from the public. In addition, it conducted a widespread marketing campaign to try to encourage doctors to prescribe Risperdal to children and the elderly, and many patients have been seriously and permanently injured as a result.