Texas Border Business
AUSTIN – Attorney General Ken Paxton filed a major lawsuit against Sanofi-Aventis U.S. LLC (“Sanofi”) for providing illegal kickbacks to providers to incentivize them to prescribe Sanofi’s drugs over alternatives.
Sanofi is a multibillion-dollar company that makes drugs that treat diabetes, multiple sclerosis, auto-immune disorders, and hemophilia, among others. To entice providers to prescribe these drugs, Sanofi created a “Free Nurse Program” and “Support Services Program”—services that constituted in-kind remuneration to providers in violation of the Texas Health Care Program Fraud Prevention Act (“THFPA”).
The unlawful scheme to offer providers with nurse services and reimbursement support services were intentionally done to influence which drugs Texans receive. Because some of the Sanofi drugs are used to treat chronic illnesses, these kickbacks have established years-long sources of revenue for Sanofi even if the drugs prescribed weren’t the best option for the patient.
“The quality of Texans’ healthcare should never be determined by Big Pharma bribery,” said Attorney General Paxton. “Sanofi is in clear violation of Texas law that prohibits the exact type of kickback scheme that the company is actively engaging in. The people of Texas deserve to know that the drugs they’re being prescribed are being given to them to best address their medical needs.”
Attorney General Paxton is seeking monetary relief of over $1,000,000, including civil penalties, and seeking an injunction to stop any further unlawful acts. Attorney General Paxton has previously sued Sanofi and Bristol-Myers Squibb for failing to disclose that their drug Plavix did not work effectively for certain patients. Attorney General Paxton has also sued Eli Lilly for providing illegal kickbacks.
To read the lawsuit, click here.
