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FTC: ‘Tide May Be Turning’ On Pay-To-Delay Deals

Thursday, July 29th, 2010

Despite various legislative and courtroom setbacks, FTC commish Jon Leibowitz insists there is reason to be optimistic that so-called pay-to-delay deals may soon be a thing of the past. In testimony this week before the House Committee on the Judiciary’s Subcommittee on Courts and Competition Policy, he appeared to see blue skies on his horizon and went so far as to say the ‘tide may be turning.’ For instance, he cited a recent ruling by the US Second Circuirt Court of Appeals, which actually upheld the legality of pay-for-delay deals, but at the same time, took the unusual step of inviting entities that purchase drugs and had challenged a particular deal to ask for that case to be reviewed by the full circuit, citing the “exceptional importance” of the antitrust implications ( back story ). And in what Leibowitz called “another promising development” last March, he pointed to a federal district court judge in Philadelphia, who denied a defense motion to dismiss an FTC case against Cephalon, which is now in the discovery phase ( background ).

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FTC’s Heart May Be in Right Place on High Drug Prices, but Its Logic Is Not

Wednesday, July 21st, 2010

The FTC’s screwed-up attempt to persuade Watson Pharmaceuticals (WPI) to do a deal with Apotex on a promise that it would end an investigation of Watson moves the FTC’s crusade against “pay-for-delay” deals from Quixotic Mode into Kamikaze Mode. It’s also a sideshow: What the FTC wants… Medical Marketing and Media – Ruling in FTC-Watson case may sway pay-for-delay debate in Senate Pharmalot – FTC Is Slammed In Pay-For-Delay Case

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FTC Is Slammed In Pay-For-Delay Case

Monday, July 19th, 2010

Two months ago, Paul Bisaro, the ceo of Watson Pharmaceuticals, made a sensational charge against the Federal Trade Commission – in court papers, he accused the agency of abusing its power in attempting to stop pay-for-delay deals.

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Kellogg Engages in Serial Advertising Misbehavior

Friday, June 4th, 2010

“Leading cereal maker Kellogg Company has agreed to new advertising restrictions to resolve a Federal Trade Commission (FTC) investigation into questionable immunity-related claims for Rice Krispies cereal,” said FTC in a press release (see ” FTC Investigation of Rice Krispies Ad Claims “). “This is the second time in the last year that the FTC has taken action against the company.” What’s disturbing is the fact that Kellog went ahead with its questionable Rice Krispies campaign while being investigated by the FTC for other “cereal” health claims: “We are concerned that while Kellogg was developing its questionable Rice Krispies campaign last year, it was simultaneously negotiating with the FTC to resolve earlier allegations that the company had deceptively marketed Frosted Mini-Wheats as improving children’s attentiveness,” said FTC Commissioner Julie Brill and Chairman Jon Leibowitz in a concurring statement.

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Did The FTC Harass And Threaten This Drugmaker?

Thursday, May 27th, 2010

Here’s a sensational accusation for you.

Posted in: Pharma News | 0 Comments »
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GSK, the "Erroneous" 50% Discount Promise, and Consumer Fraud

Friday, May 8th, 2009

Wow! GSK just had a PR catastrophe! FiercePharma and other online news outlets earlier today published a press release from GSK (originally distributed through PRWeb) that said the company was offering a 50 percent discount on meds for U.S. patients who are uninsured “no matter a patient’s income level or whether he or she qualifies for public programs” ( see archive here ). I immediately tweeted the news via Twitter and a few of my 1200 or so Twitter pals retweeted (RT’d) and a few of THEIR friends RT’d and so on.

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Big Government Goes After Pharma Marketers

Tuesday, April 14th, 2009

Two major pieces of news came to light over the past week that will likely have far-reaching implications for the way pharmaceutical companies market online. DDMAC Addresses Paid Search .

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