By Emily Greenhalgh
PBN Web Editor
PROVIDENCE – Rhode Island will receive $2.67 million as part of a $200 million settlement with Johnson & Johnson subsidiary, Janssen Pharmaceuticals Inc., Attorney General Peter F. Kilmartin announced Thursday.
The $200 million marks the largest-ever multi-state consumer protection settlement with a pharmaceutical company. Kilmartin worked with 37 other Attorneys General nationwide on the lawsuit.
In Rhode Island’s complaint, Kilmartin alleged that Janssen improperly marketed its antipsychotic drugs Risperdal, Risperdal Consta, Risperdal M-Tab and Invega.
The complaint, which was filed Thursday in Providence County Superior Court with the settlement, alleges that Janssen engaged in “unfair and deceptive practices when it marketing Risperdal for unapproved or off-label uses.”
Risperdal is among a class of drugs known as atypical or second generation antipsychotics.
“The public has a right to expect that the representations made by pharmaceutical companies be truthful and accurate,” Kilmartin said in prepared remarks. “Our office will continue to hold drug companies accountable when they put profits ahead of patients’ health.”
“This historic settlement is a major milestone in our continued efforts to root out healthcare fraud, and it sends a clear warning that the marketing and sales of drugs for unapproved, off-label uses will not be tolerated,” added Kilmartin.
The settlement comes after what a release referred to as an “extensive four-year investigation.” Janssen has agreed to change how it promotes and market atypical antipsychotics as well as to refrain from any false, misleading or deceptive promotion of the drugs.
In addition to the record setting payment, the settlement restricts Janssen from promoting its atypical antipsychotic drugs for “off-label” unapproved by the U.S. Food and Drug Administration.
For a five-year period, Janssen:
Thus far in 2012, Rhode Island has received more than $12.6 million as a result of multi-state consumer protection settlements.