Penalty Amount
$450,000,000
State attorneys general reached a $450 million settlement with opioid manufacturer Endo International plc as part of its bankruptcy. The settlement resolves allegations of deceptive marketing that downplayed addiction risks and overstated benefits, particularly for Opana ER. Endo must pay $450 million over 10 years, ban opioid marketing forever, and disclose millions of documents.
Endo must pay $450 million over 10 years to participating states and subdivisions, permanently ban the marketing of its opioids, and turn over millions of opioid-related documents for publication in a public online archive, including paying $2.75 million for archival expenses.
In-house legal teams should review vendor agreements with pharmaceutical distributors, customer agreements with healthcare providers and pharmacies, and employee contracts for sales and marketing personnel. Key clauses to examine include marketing and promotional restrictions, representations and warranties regarding product safety and efficacy, compliance with laws and regulatory actions, indemnification obligations for fines or settlements, termination provisions for misconduct, and document retention/disclosure requirements. Changes may be needed to permanently ban opioid marketing, update product claim substantiation requirements, incorporate settlement payment schedules over 10 years, enhance document production obligations for public archives, and strengthen indemnification for deceptive marketing allegations.
Entity
Endo International plc
Also known as: Endo
Industry
HealthcareConnecticut Attorney General William Tong joined a coalition of states and local governments in filing suit against NHTSA over its rule weakening fuel economy standards for new passenger cars and light trucks. The lawsuit alleges the rule violates the agency’s statutory mandate and the Administrative Procedure Act; no penalty or final remedy is reported.
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$400.0M
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