Endo Paying $1.5 Billion Fines, Forfeitures
Endo Health Solutions has been ordered to pay $1.086 billion in criminal fines and an additional $450 million in criminal forfeitures related to distributing misbranded Opana ER, an opioid medication. In a statement, the Department of Justice says the company pleaded guilty on 4/18 to one count of introducing misbranded drugs into interstate commerce. The department says it is the second-largest set of criminal financial penalties ever levied against a drug company.
In pleading guilty, the department says, Endo admitted that from 4/2012 through 5/2013, certain company sales representatives marketed Opana ER to prescribers by touting its purported abuse deterrence, tamper resistance, and/or crush resistance, despite a lack of clinical data supporting the claims.
The statement says Endo admitted that certain sales managers were aware that the sales representatives were making claims of purported abuse deterrence, tamper resistance, and/or crush resistance when marketing Opana ER to prescribers, and that certain sales representatives were striking non-medicated sample pills with hammers and conducting other demonstrations to convey the message that Opana ER was crush-proof and tamper resistant.
“The approved labeling for Opana ER did not provide adequate information for healthcare providers to safely prescribe Opana ER for use as an opioid that is abuse deterrent,” it says. “According to the plea agreement, Endo was responsible for the misbranding of Opana ER by marketing the drug with a label that failed to include adequate directions for its claimed abuse deterrence use, in violation of the Federal Food, Drug, and Cosmetic Act.”