Settlement for 'Off-Label Marketing'

Attorney General Tom Corbett today announced that the Commonwealth will be receiving more than $5.5 million as part of a national settlement with Pennsylvania-based drug maker Cephalon, Inc.

Corbett said the settlement resolves that Cephalon engaged in improper off-label marketing for the drugs Actiq, a pain reliever used to treat cancer patients; Gabitril, a medication used to treat seizures; and Provigil, which is used to treat sleep disorders. Cephalon had been accused of promoting uses for those drugs that were not approved by the Food and Drug Administration.

"This agreement, along with other recent cases involving the aggressive marketing and sale of prescription drugs, should send a strong message to all pharmaceutical companies that we will not tolerate deceptive and misleading drug promotions," Corbett said.

Pennsylvania's Medicaid program is receiving $5,577,859 as part of the national settlement. The settlement funds include repayment of excessive charges for prescription drugs that were allegedly made by the state Medicaid program as the result of Cephalon's off-label marketing, along with damages and penalties.

Corbett said the settlement agreement also includes a "Corporate Integrity Agreement" with Cephalon that requires strict scrutiny of future marketing and sales practices.

Corbett said the Pennsylvania settlement with Cephalon is part of a $425 million national agreement that resolves various federal and state allegations against the company.

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