Assertio Pays $3.6 Million Over Improper Marketing

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Assertio Therapeutics, formerly known as Depomed, has agreed to pay $3.6 million to resolve claims that it violated the False Claims Act by causing the submission of false claims for the transmucosal immediate-release fentanyl (TIRF) drug Lazanda for individuals who did not have breakthrough cancer pain. The fentanyl nasal spray, according to the government, is FDA-approved solely for break-through cancer pain in patients who are already receiving and who are tolerant of opioid therapy for their underlying persistent cancer pain.

The FDA Office of Criminal Investigations co-investigated the case which alleges that, between 2013 and 2017, Assertio (Depomed at the time) caused the submission of false claims to the Medicare and TRICARE programs by focusing its marketing on pain specialists who were high-volume prescribers of TIRF products, including those who were flagged for diversion or who were later indicted. Assertio also placed these prescribers on its speakers’ bureau and advisory boards, the government contends, adding that the marketing efforts caused prescribers to write Lazanda prescriptions for Medicare and TRICARE beneficiaries who did not have breakthrough cancer pain.

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