Other LanguagesSEATTLE — Attorney General Bob Ferguson today joined 47 other state attorneys general and the District of Columbia in a $71 million agreement resolving allegations that Amgen, Inc. unlawfully promoted two medications for uses and doses not approved by the federal Food and Drug Administration.
Amgen produces Aranesp and Enbrel. Aranesp is used to treat certain types of anemia by stimulating bone marrow to produce red blood cells. Enbrel is used to treat a number of conditions, including plaque psoriasis.
The complaint and consent judgment filed today allege that Amgen violated the Washington state Consumer Protection Act by:
- Promoting Aranesp for dosing frequencies longer than the FDA approved label without competent and reliable scientific evidence to substantiate the extended dosing frequencies;
- Promoting Aranesp for anemia caused by cancer without FDA approval or competent and reliable scientific evidence to support it; and
- Promoting Enbrel for mild plaque psoriasis even though Enbrel is only approved by the FDA to treat chronic moderate to severe plaque psoriasis.
“Patients need to be able to trust that the medication they’re getting is safe and effective for their condition,” Ferguson said. “Misrepresenting important information about medication can put patients at risk. My office will hold accountable any company that puts profits before patients.”
Washington was a member of the executive committee of the multistate investigation, and its share of the monetary relief is $1.8 million. Its uses will include costs, fees and future enforcement of the state Consumer Protection Act.
The agreement requires Amgen to reform its marketing practices and prevents it from promoting off-label uses of Enbrel and Aranesp. The company is barred from a variety of marketing strategies related to the two medications, including promoting off-label uses to medical professionals through non-profit drug reference books known as compendia.
The other states participating in the agreement are: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.
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The Office of the Attorney General is the chief legal office for the state of Washington with attorneys and staff in 27 divisions across the state providing legal services to roughly 200 state agencies, boards and commissions. Attorney General Bob Ferguson is working hard to protect consumers and seniors against fraud, keep our communities safe, protect our environment and stand up for our veterans. Visit www.atg.wa.gov to learn more.
Contact:
Peter Lavallee, Communications Director, (360) 586-0725; PeterL@atg.wa.gov