States settle claims against GlaxoSmithKline for $105M

LANSING, Mich. (Legal Newsline) - Michigan Attorney General Bull Schuette announced on Wednesday that his state would receive a share of $105 million multi-state settlement resolving the alleged unlawful promotion of prescription drugs by GlaxoSmithKline.

GSK allegedly unlawfully promoted Advair, its asthma drug, and antidepressants Paxil and Wellbutrin.

In the complaint and consent judgment, filed on Wednesday in Ingham County Circuit Court, GSK is alleged to have violated state consumer protection laws by misrepresenting the uses and qualities of the drugs.

"Patients should always come before profits," Schuette said. "Michigan consumers shouldn't have to wonder whether financial incentives are negatively influencing their medical care. This settlement will help put an end to the pharmaceutical companies' practice of promoting their drugs for uses that haven't been approved by the FDA, and ensure patient safety comes first."

The consent judgment requires GSK to continue its Patient First Program, which reduces financial incentives for sales representatives to engage in deceptive marketing, through March 2019. The settlement also places ultimate responsibility for developing and approving unbiased and non-promotional responses to health care provider questions on scientifically trained personnel.

Additionally, GSK is prohibited from disseminating information that describes any off-label uses of one of its products unless such information and materials are consistent with applicable FDA regulations.

The state of Michigan recovered a total of $2,618,677.07 in the settlement, which will be put toward the state's General Fund.