In addition, the company has accepted a number of forward-looking measures, including an Enterprise Integrity Agreement (CIA), an FDA Authorization Order regarding a permanent injunction of omission and important compliance obligations that were included in the appeals agreement and the DATA authority. “Aegerion has made gains on patient safety and enriched itself at taxpayers` expense,” said Acting U.S. Attorney William D. Weinreb for the District of Massachusetts. “Our office is committed to protecting patient safety and the integrity of federal health programs, and we will continue to use our criminal and civil authority to ensure that pharmaceutical companies follow the rules that protect the public, ensure quality of care and protect patient privacy.” Apart from the practices admitted as part of the admission of guilt and agreement with the adjourned proceedings, the claims that were settled in the civil transaction are merely allegations and no evidence of liability has been made. In a criminal complaint filed today, the United States accused Aegerion of violating the Federal Food, Drug and Cosmetic Act from December 2012 to December 2015 in connection with the sale and promotion of the drug Juxtapid. Aegerion management and sales staff distributed ice-free Juxtapid not only for the treatment of HoFH, but also as a treatment for high cholesterol levels in general, without appropriate instructions for such use. Although the FDA Juxtapid is part of a risk mitigation strategy (RISK Mitigation Strategy, REMS) to ensure that prescription persons have been informed of the risks of the drug and that Juxtapid has only been prescribed for patients with a HoFH-compliant clinical or laboratory diagnosis, it is alleged that Aegerion did not provide health care providers with complete and accurate information about the clinical diagnosis of HoFH during the reporting period. , therefore, not meeting the necessary elements of the REMS to ensure the safe use of juxtapid.
In a plea, Aegerion agreed to plead guilty and pay a fine and a loss of $7.2 million. “Our Corporate Integrity Agreement increases the individual responsibility of board members and company executives and requires Aegerion to strengthen controls over promotional activities and other interactions with health care providers,” said the U.S. Chief Counsel.