Tarceva Off-Label Marketing Caused 'Earlier' Death, DOJ Alleged

Roche and OSI Pharmaceuticals to pay $67m to resolve claims they misrepresented Tarceva effectiveness, diverting patients from first-line treatments and causing them to "die earlier and faster;" in other late-week legal developments, Salix settles kickback claims and former sales reps seemingly from Insys are arrested for fentanyl kickbacks.

The Department of Justice has gone after a long line of companies for off-label marketing. But its complaint against Roche's Genentech Inc. unit and OSI Pharmaceuticals LLC stands out for claiming their promotion of the non-small cell lung cancer drug Tarceva (erlotinib) as a first-line treatment caused patient to "die earlier and faster, with more pain."

Genentech and OSI, which co-promote Tarceva, reached a $67m settlement with DOJ and several states to resolve allegations that they made misleading statements about the effectiveness of Tarceva for unapproved...

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