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MADISON — Attorney General J.B. Van Hollen, along with the attorneys general of 41 other states and the District of Columbia, has reached a $35 million settlement with Pfizer Inc. and Wyeth Pharmaceuticals Inc. to resolve allegations that Wyeth Pharmaceuticals Inc. unlawfully promoted Rapamune, an immunosuppressive drug currently approved by the FDA to prevent organ rejection after kidney transplant surgery. Pfizer, as the parent company of Wyeth Pharmaceuticals Inc., agrees to be bound by the terms of the proposed Final Judgment. Under the settlement, Wisconsin shall receive $677,491.66.
The Complaint filed today alleges that Wyeth violated state consumer protection laws by making representations that were untrue, deceptive or misleading as to the uses, benefits, or qualities of Rapamune, including promoting Rapamune for off-label use (a use not approved by the FDA): (1) following an organ transplant other than a kidney transplant; (2) as part of a conversion protocol to switch a patient to Rapamune after initially receiving a different immunosuppressive drug; and (3) after kidney transplant in combination with drugs other than indicated in the product’s FDA-approved labeling.
The Proposed Final Judgment, which was submitted today for the Court’s consideration, requires Pfizer (and its subsidiary, Wyeth) to ensure that its marketing and promotional practices do not unlawfully promote Rapamune or any other Pfizer product. Specifically, Pfizer shall not:
Also participating in the settlement are Alabama, Arizona, Arkansas, California, Colorado, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, and Washington.
The State was represented by Assistant Attorney General Lara Sutherlin.
Copies of the Complaint and Proposed Consent Judgment submitted to the Court for its consideration are available at the following links: