You may pay the fine though you never collected the revenue. That's what a Philadelphia judge told Pfizer and Warner-Lambert last week in a trial over off-label marketing of Neurontin. If the plaintiffs prove that the companies did promote Neurontin and its copycat form gabapentin for uses not approved by the FDA, then the companies may be held liable for money spent on the generics, even though the generics were sold by another company altogether. Legal experts said it was the first legal opinion to state that a brand-name manufacturer could be liable for money spent on generics made by a third party.
- read the article in Legal Intelligencer
- see the Pharmalot item