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Florida, 18 States Sue Abbott Laboratories
for Blocking Generic Prescription
Competition ---Abbott and French drug
company face allegations they blocked
generic versions of a cholesterol drug
TALLAHASSEE, Fla., March 18, 2008 – Attorney
General Bill McCollum says that Florida and
18 states have filed an antitrust lawsuit
against Abbott Laboratories and French drug
company Fournier Industrie et Sante and
Laboratories Fournier, S.A., charging the
companies with blocking a cheaper, generic
version of prescription drug TriCor.
The drug, which is used to reduce high
levels of triglycerides and cholesterol,
accounted for more than $1 billion of
Abbott’s sales last year.
The complaint was filed in federal court in
Delaware seeks triple the amount of damages
incurred by the state’s public health
agencies and individual consumers.
“As Florida and our senior population face
ever increasing costs of prescription drugs,
we cannot permit drug companies to edge out
competition and potentially less expensive
generic alternatives,” said Attorney General
Bill McCollum.
An investigation conducted by the Attorney
General’s Antitrust Division and other
states revealed allegations that the two
drug companies allegedly blocked competition
from less expensive generics by continuously
making minor changes in the formulations of
TriCor to prevent therapeutically equivalent
generic substitutions.
The states charge that the product switches
helped thwart generic competition, allowing
the companies to charge monopoly prices for
TriCor.
"With rising fuel costs, falling housing
values and investment markets in turmoil,
Floridians 50+ are facing tough economic
pressures," said Lori Parham, AARP's Florida
state director.
"Using generic medications is an important
tool in holding down runaway growth in
prescription drug costs. AARP applauds
Attorney General McCollum's strong stand on
behalf of older Floridians."
The lawsuit also alleges the companies used
patents, which they obtained by deceiving
the Patent and Trademark Office and
improperly enforced and brought a series of
patent infringement lawsuits against two
generic companies.
According to the complaint, Abbott and
Fournier filed at least ten lawsuits against
two generic companies who were attempting to
obtain FDA approval for their generic
versions of TriCor. Abbott and Fournier
eventually lost or dismissed all of the
lawsuits.
As a result of the product switches and
patent litigation, Abbott and Fournier have
successfully thwarted generic competition
and denied consumers and state agencies the
choice of a lower priced therapeutically
equivalent generic.
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