Healthy Skepticism Library item: 12053

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: news

Demillo A.
Ark. AG Files Suit Over Drug Marketing
Associated Press 2007 Nov 20
http://thecabin.net/stories/112107/loc_1121070012.shtml

Full text:

Ark. AG Files Suit Over Marketing of Anti-Psychotic Drug

LITTLE ROCK (AP) — Arkansas Attorney General Dustin McDaniel accused drug companies Tuesday of improperly marketing an anti-psychotic drug and asked a state judge to force the firms to repay millions shelled out by the state’s Medicaid program for unnecessary prescriptions.

McDaniel filed a lawsuit in Pulaski County Circuit Court against Janssen Pharmaceutica Inc., Janssen LP and Johnson & Johnson Inc. In the filing, McDaniel said the companies “engaged in a direct, illegal, nationwide program of promotion of the use of Risperdal for non-medically necessary uses.”

Johnson & Johnson is the parent company of both Janssen Pharmaceutica and Janssen LP.

The lawsuit did not specify how much the state is seeking, but McDaniel has estimated that the state’s Medicaid program spent about $200 million over eight years to pay for prescriptions for Zyprexa, Seroquel and Risperdal. The lawsuit filed Tuesday focuses solely on Risperdal.

McDaniel has said the drugs were prescribed for uses not approved by federal regulators or indicated in labeling. McDaniel accused the companies of deceptive marketing practices that pushed doctors to prescribe Risperdal much more than necessary.

The lawsuit also accuses drugmakers of not including warnings on Risperdal’s bottle about adverse effects such as neurological problems, weight gain and diabetes.

Ambre Morley, a spokeswoman for Janssen, defended the company and said it fully disclosed all information about Risperdal to doctors and government agencies.

“Janssen has always been committed to the highest ethical standards and ethical behavior. We’re prepared to vigorously defend ourselves against these claims,” Morley said.

The lawsuit is being handled by Bailey Perrin Bailey LLP of Houston, Texas. McDaniel told lawmakers in September that the firm will bear all the lawsuit’s expenses and its fee will be 15 percent of the award. The Texas firm is handling similar litigation for six other states.