Pfizer Inc.

Pfizer agreed in January 2025, on behalf of its wholly owned subsidiary Biohaven Pharmaceutical Holding Company Ltd., to pay $59,746,277 to resolve False Claims Act allegations involving the migraine medication Nurtec ODT. The conduct alleged by the Justice Department occurred before Pfizer acquired Biohaven. The federal government alleged that Biohaven knowingly caused false claims to be submitted to Medicare and other federal health-care programs by paying remuneration to health-care providers intended to induce prescriptions of Nurtec. The allegations concerned Biohaven's speaker programs for health-care professionals. According to the government, Biohaven selected certain health-care providers to participate in paid speaker programs while those providers were prescribing Nurtec. The Justice Department alleged that some speaker payments and related remuneration constituted kickbacks intended to influence prescribing decisions. Federal law prohibits pharmaceutical companies from offering or paying remuneration intended to induce referrals or purchases of products reimbursed by federal health-care programs. Claims resulting from violations of the Anti-Kickback Statute may also create liability under the False Claims Act. Pfizer acquired Biohaven in October 2022. Pfizer subsequently agreed, on behalf of the subsidiary, to pay $59,746,277 to resolve the federal allegations. The settlement resolved civil claims and did not constitute a determination of liability. Accordingly, the conduct described in this evidence record should remain framed as allegations resolved through settlement rather than as findings that Pfizer itself committed the pre-acquisition conduct. Primary source: U.S. Department of Justice — Pfizer Agrees to Pay Nearly $60M to Resolve False Claims Allegations Relating to Improper Physician Payments by Subsidiary: https://www.justice.gov/opa/pr/pfizer-agrees-pay-nearly-60m-resolve-false-claims-allegations-relating-improper-physician

In October 2011, Pfizer agreed to pay $14.5 million to resolve False Claims Act allegations concerning marketing of the drug Detrol. The Justice Department alleged that Pfizer marketed Detrol for conditions and patient groups for which the Food and Drug Administration had not approved the drug as safe and effective. The settlement resolved the final whistleblower case not included in Pfizer's larger 2009 pharmaceutical marketing resolution. The settlement resolved civil allegations and did not constitute a judicial finding that Pfizer was liable for every allegation. Source: U.S. Department of Justice https://www.justice.gov/archives/opa/pr/pfizer-pay-145-million-illegal-marketing-drug-detrol

In September 2009, Pfizer and subsidiary Pharmacia & Upjohn agreed to pay $2.3 billion to resolve criminal and civil liability arising from illegal promotion of pharmaceutical products. The Justice Department said Pharmacia & Upjohn pleaded guilty to a felony violation of the Food, Drug and Cosmetic Act for misbranding Bextra with intent to defraud or mislead. The criminal resolution included a $1.195 billion fine and $105 million forfeiture. Pfizer also agreed to pay $1 billion to resolve False Claims Act allegations involving illegal promotion of Bextra, Geodon, Zyvox and Lyrica and allegations that kickbacks were paid to health care providers to induce prescriptions. At the time, DOJ described the resolution as the largest health care fraud settlement in its history. Source: U.S. Department of Justice https://www.justice.gov/archives/opa/pr/justice-department-announces-largest-health-care-fraud-settlement-its-history

In August 2012, Pfizer resolved U.S. foreign-bribery investigations involving conduct by overseas subsidiaries. Pfizer H.C.P. Corporation agreed to pay a $15 million criminal penalty to resolve a Department of Justice investigation. In related SEC proceedings, Pfizer Inc. agreed to pay more than $26.3 million in disgorgement and prejudgment interest. The SEC alleged that employees and agents of Pfizer subsidiaries in multiple countries made improper payments to foreign officials to obtain regulatory approvals, formulary placements, sales and increased prescriptions. Pfizer stated that corporate headquarters had not known of or approved the conduct and emphasized that the company voluntarily disclosed issues and cooperated with authorities. Sources: U.S. Department of Justice https://www.justice.gov/archives/opa/pr/pfizer-hcp-corp-agrees-pay-15-million-penalty-resolve-foreign-bribery-investigation U.S. Securities and Exchange Commission https://www.sec.gov/enforcement-litigation/litigation-releases/lr-22438