News & Analysis as of

Marketing False Claims Act (FCA)

Arnall Golden Gregory LLP

Limitations to the Anti-Kickback Statute? Seventh Circuit Reverses Conviction Finding “Aggressive” Marketing Tactics Insufficient...

On April 14, 2025, the United States Court of Appeals for the Seventh Circuit reversed the conviction of the owner of a durable medical equipment (“DME”) distributor, ruling that there was insufficient evidence to support a...more

Morgan Lewis

Seventh Circuit Overturns AKS Conviction in DME Marketing Case

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The US Court of Appeals for the Seventh Circuit recently issued a decision that has important implications for stakeholders in the durable medical equipment (DME), medical device, and telehealth space as well as future civil...more

Venable LLP

Defense-Friendly Anti-Kickback Statute and False Claims Act Marketing and Advertising Decisions

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On April 14, 2025, the Seventh and Second Circuits each issued opinions narrowing the scope of advertising, marketing, and booking fee activities that run afoul of the federal Anti-Kickback Statute (AKS). See United States v....more

Hinshaw & Culbertson - Health Care

Healthcare Providers, Agents, and Brokers: Please Stop, Look, and Listen Before Entering Into Suspect Medicare Advantage Plan...

The Office of Inspector General (OIG) of the U.S. Department of Health & Human Services (HHS) issues Special Fraud Alerts regarding healthcare fraud and abuse patterns or practices it has recently identified and intends to...more

Akerman LLP - Health Law Rx

Don’t Be Suspicious, Don’t Be Suspicious: New OIG Special Fraud Alert Warns About Suspect Payments in Medicare Advantage Marketing...

The latest Special Fraud Alert from the U.S. Department of Health and Human Services Office of Inspector General (OIG) warns about marketing schemes involving questionable payments and referrals among Medicare Advantage...more

Stevens & Lee

Special Fraud Alert: Suspect Payments in Marketing Arrangements Related to Medicare Advantage and Providers

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On Dec. 11, 2024, the OIG issued a Special Fraud Alert (Alert) related to certain fraud and abuse risks associated with marketing arrangements between Medicare Advantage Organizations (MAOs) and health care professionals...more

Quarles & Brady LLP

Legal Marketing Tactics or an Illegal Kickback Scheme? The Seventh Circuit’s Impending Decision on the Expansiveness of the...

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On December 4, the U.S. Court of Appeals for the Seventh Circuit heard oral arguments in USA v. Mark Sorensen, case number 24-1557, and it is now taking under advisement a case that could have widespread effects as to what...more

Proskauer - Health Care Law Brief

OIG Releases Special Fraud Alert About Suspect Payments in Marketing Arrangements Related to Medicare Advantage and Providers

On December 11, 2024, the Office of Inspector General for the U.S. Department of Health and Human Services (“OIG”) issued a special fraud alert warning about certain marketing schemes that involve questionable payments and...more

Rivkin Radler LLP

NJ Biopharma Company Settles FCA/AKS Case for $5M+

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The U.S. Department of Justice announced on July 24 that Admera Health LLC, a New Jersey-based biopharmaceutical research and clinical laboratory testing company, agreed to pay $5,389,648 to resolve kickback allegations...more

Wiley Rein LLP

Wiley Consumer Protection Download (December 18, 2023)

Wiley Rein LLP on

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Troutman Pepper Locke

8 Ways Life Sciences Cos. Can Adapt to the Social Media Era

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Social media usage worldwide is showing no signs of slowing as it permeates all aspects of our daily lives. Originally published in Law360 - September 11, 2023....more

Wiley Rein LLP

Wiley Consumer Protection Download (August 29, 2022)

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FTC Launches Long-Anticipated Trade Regulation Rulemaking on ‘Commercial Surveillance’ and Data Security. On August 11, the FTC issued an Advance Notice of Proposed Rulemaking (ANPR), titled “Trade Regulation Rule on...more

Cozen O'Connor

FTC Sues Shoe Company Over Unsubstantiated Pain Relief Claims

Cozen O'Connor on

The Federal Trade Commission sued Gravity Defyer Medical Technology Corporation and its owner, Alexander Elnekaveh, (collectively, “Gravity Defyer”) over allegations that Gravity Defyer made extensive false claims of unproven...more

ArentFox Schiff

Auto Marketing Company Banned from Industry Under FTC Order

ArentFox Schiff on

A marketing services company and its owner will be banned from the auto industry under an Order issued by the Federal Trade Commission after the Commission found that they illegally misled consumers to believe their websites...more

Cozen O'Connor

FTC Continues Crackdown On Fake Claims About CBD

Cozen O'Connor on

The Federal Trade Commission (“FTC”) reached a settlement with cannabidiol (“CBD”) products retailer Kushly Industries LLC and its sole officer (collectively, “Kushly”) to resolve allegations that Kushly made unsubstantiated...more

Cozen O'Connor

1st Amendment Win For Credit Card Surcharges| Texas Sues Over Electricity Bills | Dodgy COVID Fees

Cozen O'Connor on

2022 AG Elections- Former South Dakota Attorney General Steps Back into Contention for AG’s Office- •Marty Jackley, who formerly served as U.S. Attorney for South Dakota, South Dakota AG, and President of the National...more

Arnall Golden Gregory LLP

AGG Food & Drug Newsletter - February 2021

Arnall Golden Gregory LLP's Food & Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from...more

Cozen O'Connor

$834 Million Plavix Judgment | Student Loan Servicing Settlement | Former NH Attorney General’s New Role

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State AGs in the News- Former New Hampshire Attorney General Confirmed as Chief Justice of the State Supreme Court- •Former New Hampshire AG Gordon MacDonald was confirmed to be the chief justice of the state Supreme...more

MoFo Life Sciences

EHR Vendor Settles Kickback Allegations To The Tune Of $18.25 Million

MoFo Life Sciences on

On January 28, 2021, the United States’ Department of Justice (DOJ) announced an $18.25 million settlement with athenahealth Inc. (“Athena”) to resolve allegations that Athena violated the False Claims Act by paying...more

Rivkin Radler LLP

EHR Vendor To Pay $18.25 Million To Resolve Kickback Allegations

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The U.S. Department of Justice (DOJ) announced on January 28 that athenahealth Inc., a Massachusetts-based electronic health records (EHR) technology vendor, has agreed to pay $18.25 million to resolve allegations that it...more

Cozen O'Connor

Razors Raise Antitrust Worries | $86 Million Mortgage Servicing Settlement | Creative Alleged Tax Avoidance

Cozen O'Connor on

2020 AG Elections- Maine AG Aaron Frey was reelected to a second two-year term by a joint convention of the Maine House and Senate. California AG Xavier Becerra was nominated by President-Elect Joe Biden to lead the...more

Fox Rothschild LLP

FTC Takes Action Against Purported COVID-19 Supplement

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Since the COVID-19 pandemic began, the Federal Trade Commission (FTC) has cracked down on companies purporting to sell products that can alleviate or prevent symptoms of COVID-19. Recently, the FTC announced its approval of a...more

Hogan Lovells

AbbVie settlement seems to end period of intense scrutiny for manufacturer patient support programs

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Earlier this month, the California Insurance Commissioner announced that AbbVie had entered into a settlement agreement with the California Department of Insurance (CDOI) to resolve allegations that the pharmaceutical...more

Skadden, Arps, Slate, Meagher & Flom LLP

Novartis’ $678 Million Settlement Sets Guideposts for Life Sciences Industry Speaker Programs

Novartis Pharmaceuticals Corporation (Novartis) recently entered into a civil settlement agreement with the Department of Justice (DOJ) to resolve allegations that the company paid health care practitioners (HCPs) who spoke...more

Bass, Berry & Sims PLC

Best Practices to Protect Your Business from Liability As You Adapt to COVID-19 Challenges

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The COVID-19 pandemic has created significant challenges for many businesses. Some companies, particularly in the travel, hospitality, and leisure industries, have seen revenue drop precipitously. Other companies,...more

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