Vanda Agrees to Pay Over $11 Million in Off-label Suit
Companies that market drugs for off-label uses need not only worry about running afoul of FDA but also shareholders who learn about such practices and decide to sue when such public information causes their stock to lose value. An Eastern New York federal judge has preliminarily approved an $11.5 million settlement in a case where investors sued Vanda Pharmaceuticals over alleged off-label promotion practices and alleged false statements made in violation of the Securities Exchange Act of 1934.
The case involved Vanda’s Fanapt, approved to treat schizophrenia in adults, and Hetlioz, approved to treat Non-24, a rare circadian rhythm disorder that occurs almost entirely in blind individuals. The complaint alleges the company was promoting Fanapt for use in children with schizophrenia, and Hetlioz for typical sleep disorders in patients who are not blind.
The lawsuit also alleged that Vanda made misleading and materially false statements about its investigational drug tradipitant. FDA reportedly asked Vanda to conduct a nine-month, non-rodent, study to ensure the drug’s safety before studying the use of Tradipitant in humans. When the company did not conduct the study, the agency slapped a clinical hold on the IND. The clinical trial infraction and the off-label allegations came to light in a short-seller report back in 2019, and shortly thereafter the lawsuit was filed after the company’s stock lost significant value.
Under the proposed settlement, the company and its executives admit to no wrongdoing.