State joins lawsuit
against drug firms

The 2 companies allegedly
conspired to keep a generic
drug off the market

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By Rosemarie Bernardo
rbernardo@starbulletin.com

Hawaii has joined a multistate lawsuit against two major drug companies for keeping a generic version of a popular heart medication off the market and unavailable to customers.

Attorney General Earl Anzai said, "It is wrong for private companies to conspire to keep generic drugs off the shelves and unavailable to consumers to simply increase their profits."

Sixteen states filed a complaint against the drug companies, Aventis and Andrx, on May 14. An amended lawsuit was filed yesterday to include Hawaii, Alaska, Arkansas, Connecticut, Iowa, Kansas, Nevada, North Dakota, Rhode Island, South Carolina and Puerto Rico.

The lawsuit seeks injunctive and monetary relief on behalf of state programs such as Medicaid as well as consumers, Anzai said.

Officials said the price difference between the generic and brand-name drugs was not readily available.

Hoechst Marion Roussel Inc., a pharmaceutical company in Europe, was acquired by Aventis last year. Aventis paid Andrx $89.8 million not to bring the generic version of Cardizem CD to pharmacies.

Cardizem CD is a brand-name drug that is used to treat high blood pressure or chest pain. The generic version of the drug was not produced from July 1998 to June 1999.

Deputy Attorney General Rodney Kimura said the drug companies had an agreement to keep the generic brand off the market.

"They're (Andrx) going to get pure profits without producing anything," said Kimura.

Consumers never had the opportunity of picking a less expensive version of Cardizem CD, he added.

A trial date has not been set.