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-- Deepa Bharath
A Costa Mesa-based pharmaceutical company has agreed to plead guilty
to federal securities fraud because it did not disclose to the public
that a drug it produced was not approved by the Food and Drug
Administration, officials said Tuesday.
ICN Pharmaceuticals Inc. filed a plea agreement Tuesday in U.S.
District Court in Los Angeles. In the agreement, the company agreed to
pay a criminal fine of $5.6 million. Also, it will be placed on probation
for three years and will be required to create a corporate compliance
program to prevent future violations, officials said.
ICN developed Ribavrin, a drug to treat hepatitis C, according to
federal officials. The company had applied to the FDA in 1994 but
received a denial from the agency later that year. The FDA concluded that
data from clinical studies was not enough to approve the drug’s use,
officials said.
ICN then issued a press release saying it intended to file an amended
application to the FDA but then received a second letter from the agency
stating additional studies would not change its decision.
Officials said ICN did not disclose the contents of the second letter
until February 1995. The company continued to make statements about the
FDA application despite that letter, failing to mention the FDA’s
position to the public, officials said.
ICN is scheduled to be arraigned on the charge Dec. 17 in the district
court in Los Angeles.
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