Off-Label Pharmaceutical Marketing

An increasingly common type of qui tam claim stems from off-label marketing of prescription drugs and pharmaceutical products. Pharmaceutical companies are supposed to market their products only for uses approved by the federal Food and Drug Administration. However, in many cases, the financial incentives for expanding marketing efforts can blur the lines between approved and off-label uses. Market pressures sometimes lead pharmaceutical companies to become more creative and start pushing the envelope.

Because Medicare and Medicaid cover costs for prescription drugs, off-label marketing is a form of fraud against the government. The federal False Claims Act permits individuals — such as employees of pharmaceutical companies — to confidentially blow the whistle on off-label marketing.

Financial Incentives For Reporting Off-Label Marketing And Misbranded Drugs

The federal government has a significant interest in protecting its finances from fraud. Through Medicare and Medicaid, it spends billions of dollars every year on prescription drug benefits. To protect the integrity of these funds, it provides financial incentives to encourage individuals to report and bring claims for off-label marketing of prescription drugs. A successful qui tam claim based on off-label marketing could entitle you to a large percentage of the total fines assessed.

If you work at a pharmaceutical company and have information regarding off-label marketing activities or misbranded drugs, you should consult with an employment law attorney to explore your options.

As an employee of a pharmaceutical company, by bringing a qui tam claim for off-label marketing, you could be entitled to a significant monetary reward for a successful claim.

Like other types of qui tam actions, claims for off-label marketing can be filed under seal, protecting your identity through strict confidentiality.

Decades Of Experience | Board-Certified Expert In Employment Law

For experienced legal guidance in analyzing your options, contact the Law Offices of Gary A. Costales, P.A., in Miami, Florida. Our firm is devoted exclusively to employment law, including whistleblower and qui tam claims. We provide experienced representation to protect the rights of employees.

Our lawyer is board-certified as an expert in employment and labor law by the Florida Bar. With more than two decades of legal experience, Mr. Costales possesses in-depth legal knowledge and insights into the field.

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Call our firm at 877-389-7395 for a free telephone consultation. Our offices are conveniently located in Miami and Boca Raton, Florida. Se habla español.