Zeneca Sues Lilly Over Marketing of Drug

British drug maker Zeneca Inc. has sued rival Eli Lilly & Co., accusing the company of improperly selling its osteoporosis drug Evista as a medication to prevent breast cancer. Evista is not approved as a breast cancer drug in the United States, though early tests look promising. Zeneca makes Nolvadex, which in October became the first drug approved by the Food and Drug Administration to reduce the risk of breast cancer in healthy women. Nolvadex is Zeneca’s brand name for tamoxifen, which has been used as a treatment for advanced breast cancer for 20 years. The lawsuit filed in federal court in New York contends that Lilly has allowed its sales staff to represent to doctors that Evista prevents breast cancer. Federal law bars drug companies from promoting drugs for uses not approved by the FDA, although doctors are permitted to prescribe drugs for any use they see fit. Indianapolis-based Lilly denied the allegations. Spokesman Jeff Newton said, “We’re promoting this product for its labeled indication, which is osteoporosis.” Lilly’s shares rose $1.25 to close at $94.50 on the New York Stock Exchange.