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Healthy Skepticism Library item: 19181

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

McQuillen W
Forest Unit Pleads Guilty to Marketing Thyroid Drug, Will Pay $313 Million
Bloomberg Businessweek 2010 Sep 15
http://www.bloomberg.com/news/2010-09-15/forest-unit-agrees-to-plead-guilty-pay-313-million-in-levothroid-cases.html


Full text:

A Forest Laboratories Inc. unit agreed to plead guilty to distributing its Levothroid thyroid drug before it was approved by the Food and Drug Administration and pay $313 million, the U.S. Department of Justice said.

The allegations also involved illegal promotion of Celexa for use in treating children and adolescents suffering from depression, the Justice Department said in a statement. The Forest Pharmaceuticals unit also agreed to settle allegations it caused false claims to be submitted to federal health care programs for Levothroid, Celexa and Lexapro.

The company will pay a $150 million criminal fine, will forfeit $14 million, and pay more than $149 million to settle the False Claims Act allegations, according to the statement.

“Forest Pharmaceuticals deliberately chose to pursue corporate profits over its obligations to the FDA and the American public,” U.S. Attorney Carmen Ortiz in Boston said in the statement. “The company knew that it did not have FDA approval to distribute Levothroid.”

Howard Solomon, chief executive officer of New York-based Forest Laboratories, said in a statement, “We are pleased to bring closure to this long-running investigation.”

“We remain dedicated to ensuring that we operate in full compliance with all laws and regulations, and that our employees uphold the highest principles of integrity, honesty and ethics,” he said.

 

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Cases of wilful misrepresentation are a rarity in medical advertising. For every advertisement in which nonexistent doctors are called on to testify or deliberately irrelevant references are bunched up in [fine print], you will find a hundred or more whose greatest offenses are unquestioning enthusiasm and the skill to communicate it.

The best defence the physician can muster against this kind of advertising is a healthy skepticism and a willingness, not always apparent in the past, to do his homework. He must cultivate a flair for spotting the logical loophole, the invalid clinical trial, the unreliable or meaningless testimonial, the unneeded improvement and the unlikely claim. Above all, he must develop greater resistance to the lure of the fashionable and the new.
- Pierre R. Garai (advertising executive) 1963