NEW YORK (CNNMoney) -- GlaxoSmithKline was slapped with a $3 billion
fine Monday by the U.S. Justice Department after failing to report
safety data on some of the company's most popular drugs.
The
payment -- with $1 billion going to settle criminal wrongdoing, and $2
billion to cover civil liabilities -- is the largest fraud settlement in
U.S. history, and the largest payment ever by a drug company.
GlaxoSmithKline (GSK) will plead guilty to two counts of introducing misbranded drugs, Paxil and Wellbutrin, into interstate commerce.
Specifically,
the government alleged that the drugs were marketed as a treatment for
conditions for which they had not been approved. It said Paxil, which
treats depressive and anxiety disorders in adults, was marketed to
children and adolescents, and Wellbutrin, an antidepressant, was
marketed as a weight-loss aid.
A third count involves a failure
to report safety data about the drug Avandia, a diabetes drug, to the
Food and Drug Administration between 2001and 2007.
In addition to
the criminal and civil resolutions, GlaxoSmithKline has reached a 5-year
compliance agreement with the Department of Health and Human Services.
Under terms of the deal, according to department Inspector General
Daniel R. Levinson, company executives could forfeit annual bonuses if
they or their subordinates engage in significant misconduct, and sales
agents are now being paid based on quality of service rather than sales
targets.
GlaxoSmithKline said in a statement that the settlement will be funded through existing cash resources.
"On
behalf of GSK, I want to express our regret and reiterate that we have
learnt from the mistakes that were made," CEO Andrew Witty said in a
statement, adding that the company has changed its procedures for
compliance, marketing and selling since the incidents.
Shares of GlaxoSmithKline stock rose 1.3% in Monday trading.
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