Eli Lilly and Co., Indianapolis, agreed to pay a total of $36 million to settle charges that it marketed an osteoporosis drug for unapproved uses, and the company pleaded guilty to a single misdemeanor count of misbranding. The settlement is subject to court approval. It includes a $6 million criminal fine and a civil consent decree permanently barring the company from repeating the action. The Food and Drug Administration approved the osteoporosis drug, Evista, for use in post-menopausal women, but in 1998 the company began marketing the drug for unapproved uses, including the prevention of breast cancer. In a news release, Lilly's chairman and chief executive officer, Sidney Taurel, said, "We deeply regret the 1998 conduct ... We take seriously our responsibilities to abide by all the laws governing our business practices."
Lilly to pay $36 million to settle marketing claims
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