Janssen Must Face Whistleblowers’ HIV Drug Promotion Claims

Two whistleblowers adequately alleged that Janssen Products LP violated the False Claims Act by providing HIV drugs to patients that weren’t eligible to receive them under Medicare, a New Jersey district court said.

Jessica Penelow and Christone Brancaccio sufficiently argued that Janssen’s off-label promotion of Prezista and Intelence misled doctors about the drugs being appropriate for patients with lipid conditions, and therefore claims seeking reimbursement from the government were false, Judge Zahid N. Quraishi of the U.S. District Court for the District of New Jersey said in a Tuesday opinion.

There is a genuine issue of material fact as to ...