AG Jackley and 41 Other State Attorneys General Reach a $35 Million Consumer Settlement with Pfizer

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Wednesday, August 6, 2014

PIERRE, S.D – Attorney General Marty Jackley has joined 41 other Attorneys General in reaching a $35 million settlement with Pfizer Inc, who as parent of Wyeth Pharmaceuticals Inc. agrees to be bound by the judgment, to resolve allegations that Wyeth unlawfully promoted Rapamune, an immunosuppressive drug currently approved by the FDA as prophylactic for organ rejection after kidney transplant surgery. It is alleged that Wyeth violated state consumer protection laws by misrepresenting the uses and benefits of Rapamune, including making representations related to the unapproved use of Rapamune following an organ transplant other than a kidney transplant, the unapproved protocol of converting patients to Rapamune after initially receiving a different immunosuppressive drug and using Rapamune in unapproved drug combinations. South Dakota’s share of this settlement is $419,000. "These misleading claims put consumers' health at risk. This settlement and court judgment serves to hold the pharmaceutical company accountable and protects the public in the future,” said Jackley.

The Consent Judgment requires Pfizer to ensure that its marketing and promotional practices do not unlawfully promote Rapamune or any Pfizer product including: