Montana is the latest state to sue Eli Lilly and Company, alleging that the company improperly and fraudulently marketed Zyprexa, an antipsychotic drug for unapproved uses.  According to Montana Attorney General Mike McGrath, Eli Lilly improperly promoted Zyprexa for off label use and illegally paid kickbacks to physicians.  Lilly created a sales force of 280 persons according to the State of Montana complaint, “to promote Zyprexa exclusively for off-label uses, specifically for long-term-care facilities to maximize off-label use of Zyprexa sales.” Under federal laws, pharmaceutical companies are prohibited from marketing their drugs for off-label or unapproved uses. Lilly’s worldwide sales of Zyprexa were $4.36 billion in 2006.

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