Suit Filed Against Amgen for Illegal Marketing of Drugs

March 19, 2009 

Dow Jones reported on March 2, 2009, the filing of a lawsuit against Amgen Inc. for unlawful marketing of the drugs Enbrel and Aranesp. Through their committal of numerous illegal activities in the marketing of these medications, Amgen violated federal and state false claims laws, as well as the U.S. Food, Drug, and Cosmetic Act and Medicare and Medicaid anti-kickback laws.

Other claims in the case include Amgen’s improper marketing of the “attractive economics” of Aranesp to customers, providing discounts to customers and then failing to report such discounts, and marketing Aranesp and Enbrel off-label for uses not approved by the FDA. It is alleged that the biotechnology firm engaged in these activities to beat out Procrit, a rival medication.

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