Johnson & Johnson v. Wilson

The Office of the Attorney General, on behalf of the state, brought an action against talcum powder sellers, alleging that companies marketed, advertised, and sold talcum powder products in New Mexico despite knowledge that those products contained carcinogens. The trial court denied companies’ motion to compel production of materials from agencies not parties to the litigation but named in complaint. Companies petitioned for writ of superintending control. Held that under New Mexico’s governing statutory framework, the Attorney General’s authority to access executive agency materials for discovery purposes was fairly and necessarily implied and incurred no resulting constitutional violation, and therefore granted companies’ petition.