|June 4, 2014
Contact: Whitney Ray
Phone: (850) 245-0150
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TALLAHASSEE, Fla.—Attorney General Pam Bondi, along with other attorneys general, reached a $105 million settlement with GlaxoSmithKline, LLC resolving allegations that GSK unlawfully promoted its asthma drug, AdvairŽ, and antidepressant drugs, PaxilŽ and WellbutrinŽ. Florida was a part of the Executive Committee along with Arizona, Illinois, Maryland, Oregon, Pennsylvania, Tennessee, and Texas. The complaint filed simultaneously today with the settlement alleges that GSK violated state consumer protection laws by misrepresenting the uses and qualities of these drugs. The consent judgment requires GSK to reform its marketing and promotional practices.
“Today’s settlement is a victory for consumers who deserve fair and accurate information about pharmaceutical drugs,” said Attorney General Pam Bondi.
Specifically, under the consent judgment, which still must be approved by the court, GSK is prohibited from:
ˇ Making claims that are false, misleading, or deceptive regarding any GSK product;
ˇ Making promotional claims, not approved or permitted by the FDA, declaring a GSK product being better, more effective, safer, or has less serious side effects or contraindications than has been demonstrated by substantial evidence or clinical experience; and
ˇ Providing samples of GSK products to those health care professionals who are not expected to prescribe the sampled GSK products for an approved use, but who would be expected to prescribe the sampled product for an off-label use.
The consent judgment also requires GSK to continue its Patient First Program through March 2019. The Patient First Program reduces financial incentives for sales representatives to engage in deceptive marketing. In addition, the judgment requires scientifically trained personnel to be ultimately responsible for developing and approving responses to health care provider questions and for these responses to be unbiased and non-promotional.
Also participating in the settlement are: Alabama, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming.