Home -> Law Blog Directory -> Disability Law Blogs -> Personal Injury and Social Security Disability Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Disability Law
: Personal Injury and Social Security Disability BlogOff-Label Drug Campaigns Unlikely To Disappear
By Robert Kraft
As written by the Associated Press,
the huge fine levied last week against Pfizer is unlikely to stop
pharmaceutical companies from the profitable practice of off-label
marketing of prescription drugs. Drugs are approved by the government
for particular uses, but obviously drug manufacturers can make more
money if they can promote their drugs as the solution for as many
different diseases as possible. So the temptation is for drug companies
to try to convince doctors to prescribe medications for purposes other
than those approved by the FDA. This is a potentially dangerous
practice, simply because the regulating agency has not tested the drugs
for these off-label purposes. Here are excerpts from the article:
Pfizer Inc. was slapped with a record $2.3 billion in fines for illegally marketing some drugs, but critics say even that eye-popping total is unlikely to end the sometimes dangerous practice of promoting drugs for unapproved uses.
The penalty pales compared with the billion dollars or more in annual revenue that blockbuster drugs generate, and new government guidelines stir worry that the marketing of medicines for unapproved uses will become easier.
"Drug companies will continue to market off-label unless the financial downside makes it unprofitable," said Dr. Adriane Fugh-Berman, a Georgetown University associate medical professor.
Off-label marketing is a tricky issue. Doctors say prescriptions for uses not noted on a drug's package label ? the fine-print insert that comes with the prescription ? play a crucial role in treating patients, especially those with deadly illnesses and few treatment options.
However, the Food and Drug Administration prohibits companies from promoting their drugs for uses it has not approved.
Huge fines for those caught violating these rules usually just nibble at drug company sales totals.
Pfizer's fine is the largest health care fraud settlement in U.S. Justice Department history. But that $2.3 billion total stands small compared with the $44.2 billion in pharmaceutical sales that the world's largest drug maker rang up last year.
Prosecutors said Pfizer promoted four prescription drugs, including the discontinued painkiller Bextra and the blockbuster Lyrica, for epilepsy and nerve pain from fibromyalgia, as treatments for medical conditions not approved by federal regulators. Lyrica alone registered $2.6 billion in sales last year.
Authorities also accused the drug maker of plying doctors with free golf, massages and resort junkets.
Pfizer hasn't been the only target on off-label marketing. Earlier this year, Indianapolis-based Eli Lilly & Co. agreed to pay $1.42 billion to settle a case over the marketing of its top seller, Zyprexa, an anti-psychotic drug.
Fugh-Berman said fines alone will not end off-label marketing, but they can curb the practice when coupled with corporate integrity agreements such as the one the Justice Department imposed on Pfizer. These can force companies to disclose doctor payments or other information they'd rather keep under wraps.
"Our sense is that companies fear corporate integrity agreements more than fines," Fugh-Berman said.
Full post as published by Personal Injury and Social Security Disability Blog on September 08, 2009 (boomark / email).
Mitchell Report Summary
Report on Steroid Drug Use in Major League Baseball by Senator George Mitchell
Drug Manufacturer Rebates
Caremark Corp. agrees to pay $38.5 million settlement after convincing doctors to switch drug brands.
FDA Issues Warning Regarding Topical Ibuprofen Drug Products
Topical Ibuprofen Drug Products FDA Issues Warning Letters
Digitek Recalled
the heart drug allegedly contains double the medication that it should
VA Medical Centers
Admit to Drug Overdoses, Software Glitches
Transdermal Drug Patches
Risk of Burns Missing From Some Labeling
Cardiac Arrhythmia Drug Recalled
Recall Affects 1 lot of 225 mg Propafenone Tablets

U.S. joins FCA suit against drug company accused of off-label marketing
"If Prop. 93 wins, hot campaigns disappear"
Drug Companies Push for Easier Off-Label Rules
Open Debates: Focusing the Call
A blow to off-label promotion suits
A Possible Explanation for Deaths Linked to Early Abortion Pill







