Kentucky gets $1.75 million in national settlement with big drug maker; marketing and promotional practices reined in

Kentucky will receive approximately $1.75 million from a $105 million national settlement with GlaxoSmithKline to resolve allegations that the pharmaceutical manufacturer unlawfully promoted its asthma drug, Advair, and its antidepressant drugs, Paxil and Wellbutrin, according to a press release from Attorney General Jack Conway’s office.

The complaint and consent judgment alleges that GSK violated state consumer-protection laws by misrepresenting the uses and qualities of these drugs. Conway said in the release that this settlement will change the way pharmaceutical sales teams are motivated and paid.

The consent judgement requires GSK to reform its marketing and promotional practices, stating the company shall not: make any false, misleading or deceptive claim about its products; make claims not approved by the U.S. Food and Drug Administration; present information or conclusions from inadequate clinical studies; provide samples to health care professionals if they know it is being prescribed for non-approved use; or provide information describing any off-label use of a GSK product, unless consistent with applicable Food and Drug Administration regulations.

They must also continue a program through March 2019 that decreases financial incentives for sales representatives who use deceptive marketing practices, says the release.  In addition, scientifically trained personnel will be responsible for providing unbiased and non-promotional information to health care providers.

Kentucky joined 43 other states and the District of Columbia in reaching the national settlement with GSK.