N.J. probing Amgen sales practices
New Jersey’s state attorney general on Thursday said she had subpoenaed records from Amgen Inc. after accusations by two former employees that the biotech giant engaged in possibly improper marketing practices to boost sales of a top-selling psoriasis drug.
Early this week, Amgen was ordered to deliver “a comprehensive array” of documents and information concerning the marketing of Enbrel by Feb. 4, Atty. Gen. Anne Milgram said.
Her office said it was investigating whether Amgen promoted the treatment for uses not approved by the Food and Drug Administration and whether it violated patient privacy laws.
The Times reported last week that two former Amgen employees are seeking damages in arbitration proceedings, contending they were penalized for failing to go along with possibly improper marketing practices to boost Enbrel sales beyond the drug’s approved uses.
Amgen denies the allegations, saying they are without merit.
“Amgen will cooperate fully with the New Jersey attorney general in this investigation,” Amgen spokeswoman Mary Klem said.
“Our sales creed emphasizes that Amgen sales representatives follow compliance guidelines with absolute consistency,” she said.
The former employees allege the Thousand Oaks-based company required salespeople to gain access to patient medical information in doctors’ offices and market the drug directly to patients, many of whom may not have needed the medication.
Marc Engleman of Laguna Niguel said he left the company last spring after receiving a poor performance review for not engaging in the sales practice.
Elena Ferrante of New Jersey said she was fired in 2005 for the same reason.
Lydia Cotz, the attorney representing the former employees, said her clients were “pleased that the New Jersey attorney general has issued a subpoena to require Amgen to turn over documents concerning allegations of unlawful marketing.”
Federal privacy laws strictly protect patient medical information. Allowing salespeople access to such confidential records could violate those laws, experts say.
Doctors are allowed to prescribe an FDA-approved drug for any reason. But drug companies are barred from marketing drugs for uses beyond what’s listed on the label.
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