The state will receive $437,653 to reimburse state Medicaid, according to the state attorney general's office.

While physicians can prescribe drugs for off-label uses, drug companies break the law when they promote their products for ailments outside of the FDA's approval, said Attorney General Mark Shurtleff.

"Cephalon's improper off-label marketing of these drugs and the company's illegal payment to physicians resulted in significant losses to the state Medicaid programs," Shurtleff said.

"Our medical system depends on the integrity of those who provide products and services," said Robert Steed, assistant attorney general and director of the state's Medicaid Fraud Control Unit. "This case is a sad reminder that some companies put profit before people."

cmckitrick@sltrib.com

Cephalon's tempting trio:

* PROVIGIL: Approved FDA uses: narcolepsy, sleep disorders.

Cephalon's marketing included treatment of fatigue, depression, multiple sclerosis, schizophrenia, Parkinson's disease, anxiety, neuropathic pain, attention deficit disorder.

* GABITRIL: Approved FDA use: anti-epileptic drug.

Cephalon's marketing included treatment of depression, anxiety, Tourette's syndrome and chronic pain.

* ACTIQ: Approved FDA use: treating breakthrough cancer pain. Cephalon sought to expand the market beyond oncologists by promoting this highly addictive opiod to general practitioners and internists as well.