For Immediate Release
Media Contact: Kriss Bivens Cloyd
(208) 334-4119

Date: January 14, 2016

Qualitest Pharmaceuticals to Pay $39 Million to Resolve False Labeling Allegations

(Boise) - Attorney General Lawrence Wasden announced today that Idaho has joined 47 states and the federal government in a settlement agreement with Qualitest Pharmaceuticals. Qualitest is a manufacturer of generic pharmaceutical products a wholly owned subsidiary of Endo Pharmaceuticals. The settlement resolves allegations of unlawful labeling practices involving Qualitest-branded multivitamin tablets with fluoride.

Idaho will receive $87,467 from the settlement.

According to the whistleblower lawsuit, Qualitest unlawfully labeled and marketed the tablets as containing the American Dental Association (ADA) recommended amount of fluoride, when in fact the tablets contained less than half that amount. Under the terms of the civil settlement, Qualitest will pay $39,000,000 to the states and federal governments, plus interest. The lawsuit was filed in the Southern District of New York under the provisions of the federal False Claims Act and analogous state False Claims statutes.

Between October 1, 2007 to on or about August 31, 2013, Qualitest violated federal and state false claims act statutes by marketing, selling, and distributing Qualitest fluoride tablets that contained less than 50% of the fluoride indicated on the labels and, thereby, caused the submissions of false claims to state Medicaid programs.

A team from the National Association of Medicaid Fraud Control Units worked with the federal government on the investigation and conducted settlement negotiations with Qualitest on behalf of the states.

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