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Nevada Reaches Settlement With Drug Company

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(photo: BEN STANSALL/AFP/Getty Images)

(photo: BEN STANSALL/AFP/Getty Images)

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(Las Vegas, NV) — Nevada is sharing in a $105-million, multi-state settlement with pharmaceutical maker GlaxoSmithKline.

Attorneys General from 45 states alleged the company unlawfully promoted its asthma drug, Advair®, and antidepressant drugs, Paxil® and Wellbutrin®, and violated state consumer protection laws by misrepresenting the uses and qualities of the drugs.

As its share of the settlement, Nevada will receive a total of $1,487,894, which will go to the state’s general fund.

According to Secretary of State Catherine Cortez-Masto’s office, GlaxoSmithKline (GSK) will be required to reform its marketing and promotional practices.  Specifically, the company shall not:

  • Make, or cause to be made, any written or oral claim that is false, misleading, or deceptive about any GSK product;
  • Make promotional claims, not approved or permitted by the FDA that a GSK product is better, more effective, safer, or has less serious side effects or contraindications than has been demonstrated by substantial evidence or substantial clinical experience;
  • Present favorable information or conclusions from a study that is inadequate in design, scope, or conduct to furnish significant support for such information or conclusions, when presenting information about a clinical study regarding GSK products in any promotional materials;
  • Provide 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; or
  • Disseminate information describing any off-label use of a GSK product, unless such information and materials are consistent with applicable FDA regulations and FDA Guidances for Industry. 

 

The agreement also requires GSK to continue its Patient First Program at least through March 2019.  The Patient First Program reduces financial incentives for sales representatives to engage in deceptive marketing.

 

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