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Vermont To Receive $95,000 From Settlement Of Claims Against Ortho-Mcneil-Janssen For Off-Label Marketing Of Epilepsy And Migraine Drug

CONTACT: Edward A. Baker, Assistant Attorney General, (802) 828-5511

October 4, 2010

Attorney General William H. Sorrell announced today that Vermont will receive approximately $95,000 as part of a $75 million settlement with Ortho-McNeil-Janssen Pharmaceuticals, Inc. ("Ortho-McNeil-Janssen"), that involved all 50 states, the District of Columbia, and the federal government. The agreement with Ortho-McNeil-Janssen, a subsidiary of Johnson & Johnson Pharmaceuticals, Inc., resolves allegations that the company promoted topiramate, an antiepileptic and migraine prevention drug which is marketed under the trade name Topamax©, for uses not approved by the Food & Drug Administration. The off-label marketing included promoting the drug for a variety of psychiatric conditions, including bipolar disorder and drug and alcohol dependency. As a result of this settlement, Ortho-McNeil-Janssen will pay damages equal to three times the amount that Vermont and other states expended for prescriptions written as a result of the company's off-label promotion. The company also pled guilty to a criminal misdemeanor violation of the Food, Drug & Cosmetic Act, and entered into a Corporate Integrity Agreement with the federal government to closely monitor the company's future marketing and sales practices.

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