(Boise) –Amgen, the maker of Aranesp and Enbrel, reached a settlement with Idaho and 48 other state attorneys general, Attorney General Lawrence Wasden said today.  Idaho will receive $818,541 from the $71 million multistate settlement.

The settlement resolves allegations that Amgen violated the Idaho Consumer Protection Act by unlawfully promoting the medications, Aranesp and Enbrel.  Aranesp is used to treat certain types of anemia.  Enbrel is used to treat a number of conditions, including plaque psoriasis.

The complaint and consent judgment filed today alleges that Amgen violated state consumer protection laws by:

  1. Promoting Aranesp for dosing frequencies longer than the FDA approved label without competent and reliable scientific evidence to substantiate the extended dosing frequencies;
  2. Promoting Aranesp for anemia caused by cancer without having FDA approval or competent and reliable scientific evidence to support it; and
  3. Promoting Enbrel for mild plaque psoriasis even though Enbrel is only approved by the FDA to treat chronic moderate to severe plaque psoriasis.

“Many Idahoans used these medications and relied on the representations made by the manufacturer,” Attorney General Wasden said.  “This settlement will ensure that Idaho consumers will now be provided the truth about these drugs and how to appropriately use them.”

The Consent Judgment also requires Amgen to change its marketing and promotional practices.  Amgen can no longer:

  • Make any written or oral claim that is false, misleading, or deceptive in promoting Enbrel or any drug in the same class as Aranesp;
  • Represent that Enbrel or any drug in the same class as Aranesp has any sponsorship, approval, characteristics, ingredients, uses, benefits, quantities, or qualities that it does not have;
  • Publish or promote Enbrel or any drug in the same class as Aranesp for an Off-Label use to a Health Care Professional;
  • Allow Amgen Marketing and Amgen Sales to initiate interactions with a compendium or determine the content of any materials for submissions to a compendium relating to Enbrel or any drug in the same class as Aranesp; or
  • Submit a Special Supplement to a compendium to support an Off-Label Use of Enbrel or any drug in the same class as Aranesp or use a third party to lobby a compendium on Amgen’s behalf without notifying the compendium that it is acting at Amgen’s request.

The settlement is subject to the approval of the Fourth District Court.

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