Topamax is approved by the FDA for use in epilepsy patients and migraine prevention.
The New York Times reports that Ortho-McNeil-Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson, will pay more than $75 million, and Ortho-McNeil Pharmaceutical will plead guilty to one misdemeanor violation of the Food, Drug and Cosmetic Act and pay a $6.1 million criminal fine.
According to the Justice Department, Ortho-McNeil Pharmaceutical used a program called Doctor-for-a-Day to promote sales of Topamax for psychiatric indications. Sales for the drug reached $2 billion annually by 2006, and peaked in 2008 at $2.7 billion. A generic version of the drug came online in 2009, and Johnson & Johnson's sales subsequently plunged to $148 million.