Amarin Proposes Vascepa Case Settlement

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Amarin Pharma has submitted to a New York federal court a proposed settlement in its case against FDA over commercial speech about off-label use of its Vascepa. Under the proposal, FDA would agree to be bound by the court’s conclusion at trial that the company may engage in truthful and non-misleading speech promoting off-label Vascepa use to treat patients with persistently high triglycerides. Amarin would bear responsibility in the future for assuring that its communications to doctors on off-label Vascepa use remain truthful and non-misleading.

The proposal would allow the company to submit to FDA up to two proposed communications per calendar year for review to determine if the agency has concerns with them. If FDA has concerns, it would have to contact the company with them within 60 days, and the company would have to provide its response within 45 days. Within 30 days of the company response, FDA would respond with specifics on any remaining dispute. If the parties couldn’t resolve the issue, they could ask the court to step in. This process would be in addition to the procedures generally available for submitting proposed communications to FDA for comment, would apply only to new proposed communications about Vascepa off-label use, and would expire 12/31/20.

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