Settlement For Marylanders In 13.5 Million Dollar Lawsuit!

Attorney General Frosh Announces Nationwide $13.5 Settlement
Consumer Product Litigation

Marylanders will be taking part in a 13.5 Million Dollar Consumer Settlement with Boehringer Ingelheim Pharmaceuticals, Inc thanks to the work of Attorney General Brian E. Frosh.

The Settlement Resolves Allegations of Deceptive Promotion of Four Prescription Drugs.

BALTIMORE, MD (December 20, 2017) – Maryland Attorney General Brian E. Frosh announced today that Maryland has joined 49 other states and the District of Columbia in reaching a $13.5 million settlement with Boehringer Ingelheim Pharmaceuticals, Inc. (BIPI) over allegations of illegal marketing of four of its prescription drugs: Aggrenox, Micardis, Atrovent, and Combivent. (1.)

The settlement resolves allegations that BIPI misrepresented that (1) its antiplatelet drug, Aggrenox, was appropriate to treat certain cardiovascular conditions and that it was superior to a competing drug, when it lacked evidence to substantiate such claims; (2) its hypertension drug, Micardis, was appropriate to treat certain conditions and that it was superior to competing drugs, when it lacked evidence to support such claims; (3) Combivent could be used as a first-line treatment for bronchospasms associated with chronic obstructive pulmonary disease (COPD); and (4) Atrovent and Combivent could be used at doses that exceeded the maximum dosage recommendations in the products’ labeling. (2.)

“Drug marketing must be based on sound science and FDA approval, not the overblown claims of
pharmaceutical companies,” said Attorney General Frosh. “Misrepresenting information about
prescription drugs puts at risk the health of vulnerable patients, young and old alike.”
The Final Judgment and Consent Order requires BIPI to ensure that its marketing and
promotional practices do not unlawfully promote these prescription drug products. Specifically,
BIPI will refrain from making any false, misleading, or deceptive claims about any of the four
drugs, and for five years, BIPI will:
 Limit product sampling of each of the four drugs to health care providers whose clinical
practices are consistent with the product’s labeling;
 Refrain from offering financial incentives for sales that may indicate off-label use of any
of the four drugs;
 Ensure clinically relevant information is provided in an unbiased manner that is distinct
from promotional materials;

 Refrain from promoting the four drugs for any off-label use; and

 Provide that requests for off-label information regarding any of the four drugs are referred
to BIPI’s Medical Division. (3.)

It is alleged that Boehringer engaged in a course of trade or commerce that constituted unfair, deceptive, and misleading practices by making misrepresentations about the drugs, and by representing that they had sponsorship, approval, characteristics, ingredients, uses, benefits, quantities, or qualities they did not have. For example, the company allegedly misrepresented that its antiplatelet drug, Aggrenox, was effective for treating many conditions “below the neck” such as heart attacks and congestive heart failure, and that it was superior to competing drug Plavix without providing evidence to substantiate that claim. All 50 states and the District of Columbia are participating in the Boehringer Ingelheim settlement. (4.)

This is a win-win situation for the residents of Maryland who may in the future consume any of Boehringer Ingelheim Pharmaceutical Drugs. This settlement will help to ensure the safety of any prescription drugs that Marylanders may consume that are manufactured by Boehringer. It will hold Boehringer accountable for accuracy in reporting and making claims that are not misleading in the use or health benefits of its pharmaceutical drugs. The financial gain from the portion of the 13.5 Million Dollar settlement for the state of Maryland will be a plus for our economy. This is a win-win situation for Marylanders.

Aujunai Charpentiair

Contributors

Maryland Office Of The Attorney General Press Release (1 > 3)

NJBIZ (4.)