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Former Johnson and Johnson executives are convicted over off label marketing

BMJ 2016; 354 doi: https://doi.org/10.1136/bmj.i4179 (Published 27 July 2016) Cite this as: BMJ 2016;354:i4179
  1. Owen Dyer
  1. Montreal

Two former executives at Acclarent, a division of Johnson and Johnson, have been convicted of selling medical devices against Food and Drug Administration (FDA) recommendations but acquitted of graver felony charges of fraud and conspiracy.

William Facteau, former chief executive officer of Acclarent, and Patrick Fabian, former vice president of sales, launched the Relieva Stratus Microflow Spacer as a steroid delivery device after the FDA had expressly rejected that application and approved it only as a device for maintaining open sinuses, federal prosecutors said.

The two men hoped to rapidly boost the value of the company to find a buyer and hid the nature of their marketing from prospective buyers including Ethicon, the Johnson and Johnson device maker that bought Acclarent for …

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