Bloomberg News (6/12, Feeley, Milford)
reports, "Allergan Inc. investors can seek to hold directors responsible
for criminal sanctions and a $600 million penalty that the maker of the wrinkle
smoother Botox was ordered to pay for marketing the drug for unapproved uses, a
judge ruled." Bloomberg continues, "Two pension funds who contend
that Allergan's board failed to properly oversee executives who marketed Botox
for ailments that hadn't been approved by regulators have amassed enough
evidence about the illegal sales effort to proceed with their claims, Delaware
Chancery Court Judge Travis Laster concluded" on Monday. "The funds'
allegations 'support a reasonable inference that the board consciously approved
a business plan predicated on violating the federal statutory prohibition
against off-label marketing,' Laster said in his 82-page ruling."
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