Aegerion Pharma Pleading Guilty to Violating REMS
Aegerion Pharmaceuticals has agreed to plead guilty in the Massachusetts federal court to two misdemeanor misbranding charges involving Juxtapid (lomitapide), indicated as an adjunct therapy to treat homozygous familial hypercholesterolemia (HoFH), a rare disorder that that causes high cholesterol levels and early cardiovascular disease. According to the government, Aegerion failed to comply with the requirements of the Juxtapid Risk Evaluation and Mitigation Strategy (REMS) program and because the drug’s labeling lacked adequate directions for all of Juxtapid’s intended uses. The agreement also resolves a criminal investigation that FDA’s Office of Criminal Investigations led. Additionally, Aegerion and senior vice president Charles M. Gerrits agreed to enter into a consent decree of permanent injunction that outlines a compliance program and remedies for FDA to ensure that they comply with the law, according to an agency release.
The government contends that Aegerion broadly marketed the product beyond those diagnosed with HoFH. The REMS requires that the company distribute Juxtapid only for the narrow indication for which it was approved. Also, it says Aegerion failed to give health care providers complete and accurate information about HoFH and how to properly diagnose it. Aegerion also filed a misleading REMS assessment report in which the company failed to disclose that it was distributing Juxtapid using a definition of HoFH that was inconsistent with any pre-approval filings.