Attorney General Janet T. Mills joins other state attorneys general in announcing a $13.5 million multistate settlement with Boehringer Ingelheim Pharmaceuticals, Inc.

December 20, 2017

OFFICE OF THE ATTORNEY GENERAL

FOR IMMEDIATE RELEASE

CONTACT: Andrew Roth-Wells

Telephone: (207) 626-8887

Attorney General Janet T. Mills joins other state attorneys general in announcing a $13.5 million multistate settlement with Boehringer Ingelheim Pharmaceuticals, Inc.

AUGUSTA ? Attorney General Janet Mills and attorneys general from 49 other states and the District of Columbia have reached a $13.5 million settlement with Boehringer Ingelheim Pharmaceuticals, Inc. (BIPI) for alleged off-label marketing and deceptive practices used to promote four prescription drugs: Micardis?, Aggrenox?, Atrovent?, and Combivent?.

The multistate settlement resolves allegations that BIPI engaged in unfair and deceptive practices including representing that these prescription drugs had approvals, characteristics, ingredients, benefits, or qualities that they do not have.

Specifically, the States allege BIPI: (1) misrepresented that its antiplatelet drug, Aggrenox?, was effective for many conditions, such as heart attacks and congestive heart failure, and that it was superior to Plavix? without having evidence to substantiate that claim; (2) misrepresented that Micardis? protected patients from early morning strokes and heart attacks and treated metabolic syndrome; (3) misrepresented that Combivent? could be used as a first-line treatment for bronchospasms associated with chronic obstructive pulmonary disease (COPD); and (4) falsely stated that Atrovent? and Combivent? could be used at doses that exceeded the maximum dosage recommendation in the product labeling, and that they were essential for treatment of COPD.

?Deceiving people with serious health conditions about what a prescription drug will do for them is appalling behavior that takes advantage of people when they are at their most vulnerable,? stated Attorney General Mills. ?This conduct cannot be tolerated.?

The Consent Judgment requires BIPI to ensure that its marketing and promotional practices do not unlawfully promote these prescription drug products by:

? Limiting product sampling of these drugs to health care providers whose clinical practice is consistent with the product labeling;

? Refraining from offering financial incentives for sales that may indicate off-label use of any of these drugs;

? Ensuring clinically relevant information is provided in an unbiased manner that is distinct from promotional materials; and

? Providing that requests for off-label information regarding any of these drugs are referred to BIPI?s Medical Division.

The company will reimburse the Maine Attorney General?s office $144,140 for expenses related to consumer protection.

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Supporting documents

BIPI Consent Judgement

BIPI Complaint