Connecticut Attorney General Sues Eli Lilly Over Allegedly Illegal Marketing of Zyprexa
Friday March 14th, 2008
Martha Kessler
BNA Pharmaceutical Law & Industry Report
Vol. 6 No. 11
BOSTON--Connecticut Attorney General Richard Blumenthal (D) March 11 announced that he has filed suit against drugmaker Eli Lilly and Co. in federal court, charging the firm with illegally marketing its antipsychotic drug Zyprexa for unapproved uses and concealing the drug's serious side effects (Connecticut v. Eli Lilly, E.D.N.Y., No. CV 08-955, filed 3/6/08).

Connecticut alleges in the complaint, filed in U.S. District Court for the Eastern District of New York, that Eli Lilly used physicians, pharmacies, and administrators at nursing homes and youth detention centers as part of a massive illegal marketing campaign to promote Zyprexa for unapproved off-label uses, including for the treatment of children.

The complaint further alleges that the deceptive marketing campaign dangerously concealed risks associated with Zyprexa, including diabetes, cardiovascular problems, and significant weight gain.

The lawsuit seeks to recover millions of taxpayer and consumer dollars that the state charges were improperly spent on Zyprexa as a result of its illegal marketing, and millions more spent for treatment of serious side effects from Zyprexa.

"The illegal marketing campaign exploited children and senior citizens--causing severe weight gain, diabetes and cardiovascular problems," Blumenthal said in a statement.

"This scheme involved payments to public officials, bogus educational events and ghostwritten promotional articles summarizing suspect studies. The drug was marketed for anxiety, depression and Attention Deficit Disorder in children when it was never approved for any use in children and caused serious side effects," the attorney general charged.


State Law, Federal RICO Charges

The lawsuit was brought pursuant to the Connecticut Unfair Trade Practices Act (CUTPA) and the federal Racketeering Influenced and Corrupt Organizations Act (RICO) on behalf of Department of Consumer Protection (DCP) Commissioner Jerry Farrell, Jr. and Department of Social Services (DSS) Commissioner Michael Starkowski.

Zyprexa (olanzapine) is a member of a class of antipsychotics known as atypicals. It has been approved by the Food and Drug Administration for treatment of schizophrenia and bipolar disorder and has been prescribed to approximately 22 million people worldwide.


Company Response

In response, Eli Lilly issued a statement saying the company "vigorously objects to the characterization of company practices as alleged" in the AG's news release.

Eli Lilly said the state official's news release "is a disservice to patients who may currently be taking Zyprexa to treat a life-threatening disease. Specifically, the news release contained no acknowledgement of the seriousness of schizophrenia or bipolar disorder, no reference to the importance of treatment stability, and provided no guidance to patients who may now have questions about their treatment."

The company added that, due to "the lack of complete information in the news release" from the Connecticut official, patients should continue with medications that have been prescribed and discuss their concerns with their doctor, and that patients can get information about Zyprexa by contacting the LillyAnswers Center at 1-800-LillyRx (1-800-545-5979) or going to the company's Web site.

More information about the Connecticut lawsuit filed in federal court is at http://op.bna.com/hl.nsf/r?Open=sfak-7cnq7j on the Web.

Further information about Zyprexa may be found on the Lilly Web site at http://www.lilly.com/news/pdf/zyprexa_factsheet_final_110707.pdf on the Web.
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