Delaware joins settlement with pharma company over deceptive marketing

Delaware joined 49 other states in reaching a settlement with Boehringer Ingelheim Pharmaceuticals, Inc. regarding alleged off-label marketing and misleading promotions of fours of its prescription drugs, including Micardis®, Aggrenox®, Atrovent®, and Combivent®.

The settlement requires the company to make sure its marketing and promotional practices fairly represent its products. According to the Delaware Department of Justice, that entails:

  • Limit product sampling of the four drugs to health care providers whose clinical practice is consistent with the product labeling
  • Refrain from offering financial incentives for sales that may indicate off-label use of any of the four drugs
  • Ensure clinically relevant information is provided in an unbiased manner that is distinct from promotional materials
  • Provide that requests for off-label information regarding any of the four drugs are referred to BIPI’s Medical Division.
  • The settlement also requires BIPI to make payments to the states and the District Columbia that brought the case.

Delaware will receive $137,000 towards the state’s Consumer Protection Fund.

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