AG Announces $13.5 Million Settlement with Pharmaceutical Company in Deceptive Marketing Case

Texas Attorney General Ken Paxton and his counterparts from 49 other states and the District of Columbia recently announced a $13.5 million settlement with Boehringer Ingelheim Pharmaceuticals, Inc. (BIPI) over alleged off-label marketing and deceptive claims

about four of its prescription drugs: Micardis®, Aggrenox®, Atrovent®, and Combivent®. Texas’ share of the settlement is just over $760,343.

“It is alarming that a pharmaceutical company deceived Texans into potentially taking dangerous doses of medications that may not treat their underlying health conditions,” Attorney General Paxton said. “This settlement makes clear that we will hold pharmaceutical companies accountable for misleading claims made in advertising. Texans should be able to trust that ads for prescription medications are medically accurate.”

The Agreed Final Judgment and Permanent Injunction requires BIPI to ensure that its marketing and promotional practices do not unlawfully promote the company’s prescription drug products.

A multi-state executive committee was led by Kansas and Pennsylvania, and included the attorneys general from Arizona, District of Columbia, Illinois, Indiana, Nevada, Tennessee, and Texas. All 50 states and the District of Columbia are participating in the settlement. However, due to a change in Arizona law, that state’s settlement does not include certain injunctive terms related to off-label marketing.

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