Delaware Attorney General Beau Biden said that he and 35 other attorneys general reached a record $181 million dollar settlement with Janssen Pharmaceuticals, Inc., a subsidiary of Johnson and Johnson.
The attorneys general allege that Janssen improperly marketed the antipsychotic drugs Risperdal, Risperdal Consta, Risperdal M-Tab and Invega.
The settlement is not an admission of wrongdoing or violation of any law or regulation, Jannsen stated in a press release.
“The company agreed to the settlement to resolve the concerns of the attorneys general under state consumer protection laws and to avoid unnecessary expense and a prolonged legal process. All parties have acknowledged that the payment is not a fine or penalty,” Janssen stated in the release.
The settlement was reached in connection with a civil lawsuit Biden’s office filed in New Castle County Superior Court. The suit, filed after a four-year investigation led by the State of Florida, alleges that Janssen engaged in unfair and deceptive practices when it marketed Risperdal for unapproved or off-label uses. Although physicians may prescribe drugs for off-label uses, federal law prohibits pharmaceutical manufacturers from promoting their products for these purposes.
Under the terms of the settlement, Janssen will pay $4.2 million to the Delaware Attorney General’s Consumer Protection Fund. It is also required to change how it promotes and markets its atypical antipsychotics and refrain from false, misleading or deceptive promotion of the drugs.