Cephalon gets new subpoena in off-label investigation

Cephalon Inc., of Frazer, said Friday morning in an regulatory filing that it received another subpoena from federal investigators regarding off-label promotion of its drugs.

Two drugs cited Friday are Nuvigil and Provigil, both narcolepsy drugs. This subpoena from the U.S. Attorney's Office for the Southern District of New York follows a similar subpoena last week regarding the leukemia drug Treanda.

Cephalon said in the filing to the U.S. Securities and Exchange Commission that it was cooperating with investigators.

Cephalon is operating under a Corporate Integrity Agreement with the federal government after agreeing to pay $425 million in 2008 to settle charges brought by the U.S. Attorney's Office in Philadelphia for its off-label promotion of three drugs, Actiq, Gabitril, and Provigil.

In May, Teva Pharmaceutical Companies Ltd. agreed to buy Cephalon for $6.8 billion. Teva expects the deal to close in October.

Bill Marth, head of operations in the Americas for Teva, said Tuesday that the federal investigation would not impede the acquisition.

Cephalon shares were down 28 cents, to $80.76, in late morning trading.