Arkansas Attorney General Leslie Rutledge has reached a settlement, along with 41 other states and the District of Columbia, with Bristol-Myers Squibb. The settlement ends a multistate investigation into unfair or deceptive trade practices with marketing the company's prescription drug, Abilify, an antipsychotic medication.
Arkansas will receive $292,036 from the settlement, which will be deposited into the Consumer Education and Enforcement Fund.
“The deceitful actions by Bristol-Myers Squibb were unlawful and irresponsible,” said Attorney General Rutledge. “Arkansans needing antipsychotic medications have a level of trust in the companies making these drugs, and unfortunately Bristol-Myers Squibb misrepresented Abilify with their marketing practices.”
The Federal Drug Administration originally approved Abilify in 2002 for treating schizophrenia. The complaint alleges the company was marketing the medication to dementia and Alzheimer’s patients, despite receiving a “black box” warning in 2006 that elderly patients with dementia-related psychosis who are treated with antipsychotic drugs, like Abilify, have an increased risk of death. The complaint also alleges that the company promoted Abilify for use in children, which was not approved by the Federal Drug Administration.
Under the settlement, Bristol-Myers Squibb will be prohibited from making false or misleading claims about Abilify, its safety and the implications of clinical studies relating to the drug. They are also subject to limitations on financial incentives to sales representatives and health care providers, dissemination of information that may promote off-label use of Abilify, and other practices affecting off-label promotion.
In addition to Arkansas, the multistate group – led by Maryland and Kentucky – includes Alabama, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska , Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia, and Wisconsin.