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Economic Superiority Claims, Manufacturer/Payer Relationships Ripe For Enforcement Scrutiny

 
• By Sue Sutter

The era of big pharma off-label promotion cases may be coming to a close, but federal prosecutors are eyeing other industry practices for enforcement, including unsupported promotional claims of economic superiority and superior efficacy, and manipulation of the average sales price system.

The era of enforcement actions targeting large pharmaceutical companies’ off-label promotional practices may be coming to a close, but government lawyers are eyeing a new wave of industry practices for scrutiny and potential prosecution.

Among these are unsupported promotional claims of economic superiority and superior efficacy, manufacturers’ dealings with payers, misrepresentation of scientific studies, and manipulation of the average sales price system, federal prosecutors...

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