Commonwealth of Virginia
Office of the Attorney General
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Lara Sisselman, Press Secretary
VIRGINIA AND 40 OTHER STATES REACH SETTLEMENTS, COOPERATION AGREEMENTS WITH TWO FORMER EXECUTIVES IN GENERIC DRUG MULTISTATE INVESTIGATION
RICHMOND (MAY 24, 2017) - Attorney General Mark R. Herring announced today that two former executives of a New Jersey-based generic pharmaceutical manufacturer have entered into settlement and cooperation agreements with 40 states that are investigating what they allege is widespread anticompetitive activity in the generic drug industry that has led to higher prices for consumers and state governments.
"Millions of Virginians, especially seniors, rely on generic medications as an affordable option for the prescriptions they need, and any attempt to manipulate these prices is callous and wrong," said Attorney General Herring. "These settlements are an important step forward in this litigation, which sends a strong message to pharmaceutical manufacturers across the country that anyone who tries to artificially inflate prices and take money from the pockets of Virginians will be held accountable for their actions."
Jason Malek, the former president of Heritage Pharmaceuticals, Inc., and Jeffrey Glazer, the former chairman and chief executive officer of Heritage Pharmaceuticals, Inc. - each residents of New Jersey - have entered into settlement agreements with the investigating states in which they have agreed to cooperate in the states' ongoing litigation and investigation, including by providing information, documents, testimony, depositions and other evidence to support the investigation.
Attorney General Herring previously joined with 18 other state attorneys general in December 2016 in filing a federal lawsuit against generic drug-makers Heritage Pharmaceuticals, Inc., Aurobindo Pharma USA, Inc., Citron Pharma, LLC, Mayne Pharma (USA), Inc., Mylan Pharmaceuticals, Inc. and Teva Pharmaceuticals USA, Inc. alleging that they conspired to artificially inflate and manipulate prices and reduce competition in the market for two drugs in the United States: doxycycline hyclate delayed release, an antibiotic, and glyburide, an oral diabetes medication.
In December 2016, Glazer and Malek each entered into plea agreements with the U.S. Department of Justice after being charged with two counts of criminal violations of the Sherman Antitrust Act. In addition to their cooperation with the states' investigation, Glazer and Malek will each pay a $25,000 civil penalty to the states.
This matter is being handled by the Antitrust Unit of Attorney General Herring's Consumer Protection Section. In November, Attorney General Herring announced the completion of a reorganization of the OAG Consumer Protection Section to more efficiently and effectively enforce Virginia's consumer protection laws, provide exceptional customer service in resolving complaints and disputes, and provide robust consumer education to keep Virginians from being victimized by fraud, scams, or illegal or abusive business practices. During Attorney General Herring's administration the OAG Consumer Protection Section has recovered more than $200 million in relief for consumers and payments from violators."
Please click here to view a copy of the settlement with Mr. Glazer and click here for a copy of the settlement with Mr. Malek. - No longer available