Attorney General Bob Cooper announced today that he and 32 other Attorneys General reached a $42.9 million agreement with Pfizer Inc to resolve allegations that Pfizer Inc unlawfully promoted its drugs, Zyvox and Lyrica. Tennessee will receive $1.1 million for its participation in this multistate agreement.
The Attorneys General allege that Pfizer Inc engaged in unfair and deceptive practices in its promotion of Zyvox. Pfizer Inc allegedly made misleading and unsubstantiated superiority claims that broadened the indications for Zyvox, an antibacterial agent approved to treat certain types of infections, including among other approved indications, nosocomial pneumonia caused by methicillin-resistant Staphylococcus aureus (MRSA) and other complicated skin infections due to MRSA. Moreover, the Attorneys General allege that Pfizer Inc engaged in unfair and deceptive practices in promoting Lyrica for off-label uses.
“We appreciate the cooperative work of all the states participating in this investigation,” Attorney General Cooper said. “Together, we hope to stop deceptive and misleading marketing practices by some drug companies.”
As part of the agreement, Pfizer Inc agreed to reform how it markets and promotes Zyvox and Lyrica. Under the Agreed Final Judgment, Pfizer Inc shall not:
- Make any false, misleading, or deceptive claims when comparing the efficacy or safety of Zyvox to vancomycin;
- Promote any Pfizer product for off-label uses;
- Fail to design financial incentives that ensure that its marketing personnel are not motivated to engage in the improper marketing of Zyvox or Lyrica; or
- Fail to notify its sales force promptly of any warning letter received from the FDA that affects sales representatives in the promotion of Pfizer products.
The State’s Complaint and Agreed Final Judgment may be viewed by going online to www.tn.gov/attorneygeneral and clicking on “Filings of Interest.”