States sue Abbott , French company for blocking generic competition
WILMINGTON, Del. -- Eighteen states have sued Abbott Laboratories in federal court, alleging the drug maker blocked generic competition for a popular cholesterol medication, state officials said today.
The antitrust lawsuit against Abbott and French drug company Fournier Industrie et Sante and Laboratories Fournier SA, charges the companies sought to block competition for a cheaper, generic version of the prescription drug TriCor.
The cholesterol drug accounted for more than $1 billion of Abbott's sales last year. The North Chicago, Ill.-based company had total revenue of $25.9 billion in 2007.
The states allege in U.S. District Court in Wilmington that the companies continuously made minor changes in the formulation of TriCor to prevent cheaper generic versions from being marketed. The complaint seeks triple the amount of damages incurred by the states' public health agencies and individual consumers.
"As Florida and our senior population face ever increasing costs of prescription drugs, we cannot permit drug companies to edge out competition and potentially less expensive generic alternatives," Florida Attorney General Bill McCollum said in a statement.
Maryland Attorney General Doug Gansler said the complaint also alleges that Abbott and Fournier obtained patents protecting TriCor from competition by deceiving the U.S. Patent Office with incomplete and misleading data.
Abbott spokeswoman Melissa Brotz said the company's actions are lawful. Abbott has not prevented the marketing of drugs similar to TriCor, she said, adding there are eight other products already available.
Neil Hirsch, a spokesman for Solvay, the parent company of Fournier Industrie et Sante and Laboratories Fournier SA, said the company has not engaged in any wrongdoing and intends to vigorously defend itself against the allegations.
Besides Maryland and Florida, other states joining the suit are Arizona, Arkansas, California, Connecticut, the District of Columbia, Iowa, Kansas, Maine, Minnesota, Missouri, Nevada, New York, Oregon, Pennsylvania, South Carolina, Washington, and West Virginia.