BMS Pays $19.5 Million to Settle Abilify Off-label Charges
Bristol-Myers Squibb has entered into a settlement agreement with 43 states to resolve allegations the company used false and misleading representations to promote its antipsychotic drug Abilify. Under the agreement, Bristol-Myers Squibb will pay $19.5 million and implement marketing, sales, disclosure and other reforms aimed at avoiding the violative conduct.
Abilify was approved in 2002 for treating schizophrenia in adults, and later for numerous other conditions, including certain bipolar disorder diagnoses. “A multi-state investigation focused on the drug’s marketing, however, found that Bristol-Myers Squibb improperly promoted Abilify for off-label uses,” a news release says. “In addition, the investigation found that Bristol-Meyers Squibb made unsubstantiated product claims about Abilify by minimizing and misrepresenting the risks associated with the drug, and improperly incentivized its sales staff to generate off-label prescriptions.”
Under the multi-state settlement, Bristol-Myers is banned for a period of five years from promoting Abilify for off-label use. The company also is banned for five years from numerous other actions including:
- Compensating health care providers for merely attending a promotional activity for Abilify
- Rewarding health care providers with grants based on their prescribing habits
- Allowing non-scientifically trained company personnel to offer opinions about, or to summarize, off-label information
- Using medical education grants – including continuing medical education grants – or any other type of grant to promote Abilify
- Providing samples of Abilify to health care providers whose clinical practices are inconsistent with Abilify’s FDA-approved label