Forest Laboratories Accused of Illegal Drug Marketing

On February 25, 2009, the U.S. Department of Justice released a complaint against New York-based Forest Laboratories and their fraudulent practices in marketing the medications Celexa and Lexapro. Forest allegedly promoted the drugs for unapproved pediatric use and paid kickbacks to physicians who prescribed them. The illegal practices prompted the submission of thousands of false claims to federal healthcare programs.

The complaint, filed by numerous parties, claims that Forest actively marketed the drugs for pediatric use despite the FDA’s denial of a pediatric indication. It was alleged that a “double-blind, placebo-controlled, pediatric trial” deemed Celexa of no greater value than the placebo for pediatric use, and, furthermore, patients using Celexa recorded more suicide attempts and suicidal thoughts than the group using the placebo. Despite the study results, Forest continued the promotion of the drugs and deceived physicians and the public by failing to disclose the negative findings.

The United States has alleged that health care programs paid thousands of false claims for Celexa and Lexapro prescriptions that were were not covered for off-label pediatric use and were ineligible for payments due to illegal kickbacks. Forest allegedly attempted to induce physicians through expensive dinners, sumptuous entertainment, and various methods of illegal payment, including bribes masked as consulting fees or grants. All of these come in violation of the federal anti-kickback statute.

If you are witnessing fraud on the government, contact us by calling 800-377-1812 for strictly confidential advice from experienced counsel, with no fee obligation.