This page covers conflicts of interest that occur once a drug is
approved and placed on the market.
It focuses mainly on conflicts pertaining to promotional schemes, from
classic drug advertising to the launch of purely promotional studies,
including the sponsoring of scientific meetings, the distribution of
samples, the financing of patient organizations. These conflicts mainly
originate with the pharmaceutical industry. They mostly affect
physicians and patients.
Other issues included on this page are lobbying, off-label use,
reimbursement (false claims). Issues regarding whistleblowing appear on
this page when they originate from a company and on the Transparency
page when they originate from a public administration.
Information about conflicts of interest before a drug is approved is
found on the Research
webpage.
Conflicts of interest arising as the marketing authorization is been
requested and processed are reviewed on the
Drug Approval webpage.
N.B. FDA DDMAC warning letters and untitled letters are available
from the FDA web site, classified by date starting with year 2006 at
http://www.fda.gov/cder/warn/warn2006.htm.
Below, you will find the direct link to the relevant letter (clicking
on the name of the company at issue) and, in some cases, to the disputed
promotional material (clicking on the name of the product at issue).
State of West Virginia ex rel. Johnson & Johnson Corp., Supreme
Court of Appeals of West Virginia, (June 27, 2007) (learned intermediary
doctrine rejected because of direct-to-consumer advertising)
Warner-Lambert v. Apotex, 316 F. 3d 1348 (Jan.16, 2003) (off-label
use of Neurontin/gabapentin, off-label use, patent infringement in ANDA)
United States ex. rel. Franklin v. Parke-David (Neurontin)
United States ex rel. Paul McDermott v. Genentech (Rituxan)
(off-label promotion / false claims)
Acad. Med., WS Sandberg et al., The effect of educational gifts from
pharmaceutical firms on medical students' recall of company names or
products, 72 p.916 (1997)
Pharmacoeconomics , JA Sacristán et al., Publication bias in health
economic studies. 11 p.289 (1997)
Lancet, Whittington et al., Selective serotonin reuptake inhibitors
in childhood depression: Systematic review of published versus
unpublished data, 363 p.1341–1345 (2004) [xxx]
U.S. ex rel. Dr. Peter Rost v. Pfizer and Pharmacia, 446 F. Supp. 2d
6 (District Court Massachusetts) (Augsut 30, 2006) (alleged violations
of the FCA through illegal off-label marketing of Genotropin by
Pharmacia/Pfizer)
JAMA, Paul J. Hauptman et al., Use of Nesiritide Before and After
Publications Suggesting Drug-Related Risks in Patients With Acute
Decompensated Heart Failure, 296 p.1877 (2006)