A company that marketed their powerful cancer pain drug to patients who did not need such a treatment has settled with the state of Oregon for their misleading and improper marketing tactics.

Insys is a pharmaceutical company that makes Subsys, a powerful drug used to help with cancer pain. It is labeled as a Schedule II controlled substance because it has fentanyl. The Attorney General Ellen Rosenblum’s office said that the drug was marketed for off-label use towards people with neck and back pain, and that the company may have given doctors “improper financial incentives” to prescribe the drug. Above that, they encouraged doctors who were not qualified to distribute these kinds of drugs to prescribe them to patients. Fentanyl opioids are some of the most expensive long-acting opioids. Rosenblum said that misuse risks for Schedule II drugs are very high and if a company is marketing such a powerful drug for off-label use that could mislead doctors who now aren’t sure what the drug is really meant for.

Insys and the state reached a $1.1 million settlement. The state says a portion of that money will go towards addressing the misuse of these drugs and preventing opioid abuse. Insys can no longer make any claims that suggest Subsys is for everyday or mild pain, unless the FDA approves or changes its status. They cannot make any misleading claims and must subscribe to federal laws relating to marketing drugs, including anti-kickback laws.

Unfortunately in the workers’ comp news circuit we see many headlines about opioids, few of which are positive. If a drug company is misrepresenting the potency of their product, it trickles down to doctors who prescribe them maybe a bit more freely, and ultimately they get to patients who are vulnerable to abuse and overdose risks. I hope this settlement deters other companies from similar behavior.