FDAnews Marketing and Sales Bulletin

Takeda Pharmaceuticals North America has agreed to pay the state of Alabama $2 million and Dey has agreed to pay $4.75 million to settle claims that they inflated their reported prices for prescription drugs so the state Medicaid program would overpay pharmacists and doctors for the drugs.

Alabama’s claims against Takeda involved the diabetes drug Actos (pioglitazone HCl), and its claim against Dey involved a number of drugs prescribed primarily for pulmonary diseases and asthma, such as albuterol sulfate and ipratropium bromide, Alabama Attorney General Troy King said in announcing the settlement.

Dey said Alabama has acknowledged as part of the settlement that it does not constitute admission or evidence of fault, liability or unlawful conduct by Dey. As part of the acquisition agreement between Mylan (Dey’s parent company) and Merck KGaA (Dey’s former parent company), Merck has agreed to indemnify Mylan in connection with the settlement and for liability for all pending and future related Medicaid reimbursement lawsuits involving Dey.

Takeda did not respond to a request for comment by press time.