Item 8.01 Other Events
On September 2, 2009, Pfizer Inc. ("Pfizer") issued a press release announcing
that it has finalized a previously reported agreement in principle with the U.S.
Department of Justice (DOJ) to settle an investigation regarding past off-label
promotional practices related to Bextra, which Pfizer voluntarily withdrew from
the market in 2005. The final agreement also resolves other DOJ investigations
involving alleged past off-label promotional practices concerning Zyvox, Geodon
and Lyrica, allegations related to certain payments to healthcare professionals
involving these and nine other Pfizer medicines, and several related qui tam
actions. Pfizer previously disclosed a related $2.3 billion charge to its
fourth-quarter and full-year 2008 earnings in connection with the DOJ agreement
in principle on January 26, 2009. No additional charge to the company's
earnings will be recorded in connection with this settlement.
In addition, the company has reached agreements with attorneys general in
42 states and the District of Columbia to settle state civil consumer protection
allegations related to its past promotional practices concerning Geodon. The
company will pay a total of $33 million to the settling states and will take a
charge in that amount to third-quarter 2009 earnings.
Under the agreement with the DOJ, Pfizer will pay a previously disclosed total
of $2.3 billion ($1.0 billion in civil payments related to a number of
medicines, and a $1.3 billion criminal penalty related only to Bextra), and a
Pfizer subsidiary, Pharmacia & Upjohn Company, Inc., will plead guilty to one
criminal count of violating the U.S. Food, Drug, and Cosmetic Act related to its
past promotion of Bextra. A portion of the civil payments will be distributed
to 49 states and the District of Columbia pursuant to agreements with each
state's Medicaid division.
The information contained in the press release is deemed to be "filed" under the
Securities Exchange Act of 1934 as Exhibit 99.1 to this report, and such press
release is incorporated by reference.