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Mallinckrodt Finalizes Previously Announced Agreement with DEA and USAOs

-- Mallinckrodt Reaffirms Industry-Leading Commitment to Ensuring Safe and Appropriate Use of its Specialty Generic Opioid Products --
-- Company Denies Government Allegations that it Violated Applicable Laws in Connection with its Suspicious Order Monitoring Program for Controlled Substances --
-- Settlement Contains No Admission of Liability for Civil Penalties for Relevant Conduct --
-- As Previously Announced, Company Agrees to Pay $35 Million to Resolve All Potential Claims; Resolution Will Have No Material Adverse Effect on Company's Financial Condition, Results of Operations or Cash Flows --

STAINES-UPON-THAMES, United Kingdom, July 11, 2017 /PRNewswire/ -- Mallinckrodt plc (NYSE: MNK) confirmed today that it has finalized the agreement reached with the U.S. Drug Enforcement Administration (DEA) and the U.S. Attorneys' Offices (USAOs) for the Eastern District of Michigan and the Northern District of New York, respectively, to settle previously disclosed investigations relating to the company's suspicious order monitoring program, reporting, record keeping and security measures related to manufacturing and distribution of controlled substances.

"We are proud of the fact that Mallinckrodt has long been an industry leader in actively combatting the serious issue of prescription drug abuse with a demonstrated record of meeting and exceeding the requirements of federal and state laws governing the manufacturing, sale and distribution of controlled substances," said Michael-Bryant Hicks, General Counsel, Mallinckrodt. "The company has been repeatedly commended by the DEA for its industry-leading anti-diversion program, which we believe goes beyond the requirements of DEA regulations."

In reaching this resolution, the company denies government allegations that it violated applicable laws in connection with its suspicious order monitoring program, and the settlement contains no admission of liability for civil penalties for relevant conduct.

"While Mallinckrodt disagreed with the U.S. government's allegations, we chose to resolve the legacy matter in order to eliminate the uncertainty, distraction and expense of litigation and to allow the company to focus on meeting the important needs of its patients and customers," Mr. Hicks concluded.

Mallinckrodt will pay $35 million to resolve all potential claims as part of the agreement. As previously disclosed, Mallinckrodt believes that, given the information currently available and after taking into account amounts already accrued, the resolution will not have a material adverse effect on its financial condition, results of operations or cash flows. The company had previously reserved for the full amount of the settlement, and expects no future impact on fully diluted earnings per share or adjusted fully diluted earnings per share.

Mallinckrodt's Responsible Use Programs
In addition to its industry-leading suspicious order monitoring program, Mallinckrodt has invested millions of dollars in a comprehensive program to address opioid abuse and misuse. The company reaffirms its commitment to working with policy makers, community leaders, law enforcement and industry partners to ensure the responsible use of pain medication and prevent unused medications from ending up in the wrong hands.

Mallinckrodt's multi-pronged approach includes:

  • The purchase and donation of more than 1.5 million drug deactivation pouches1 to help combat one of the top public health threats in the U.S. today – abuse of prescription pain medications. Through this initiative, families can actively address concerns with the responsible use of pain medications, patient safety and responsible drug disposal;
  • Improving integration of federal and state prescription drug monitoring programs (PDMPs) and efforts; and strong advocacy from Mallinckrodt in support of a PDMP in Missouri, the lone U.S. state still without such a program;
  • Enhancing addiction rehabilitation and drug take-back programs, including provision of drop boxes to local law enforcement in communities where major company sites reside;
  • Collaborating with law enforcement to help prevent misuse and diversion, including:
    • Providing no-cost placebo tablets of Mallinckrodt opioids to officers and prosecutors for use in law enforcement operations;
    • Attacking drug theft through tracking devices in selected Mallinckrodt drug bottles;
    • Contributing testimony on behalf of prosecution in drug diversion cases;
  • Improving stakeholder education for patients, providers and the public at large, including education initiatives validated by measurable outcomes; and
  • Partnering with stakeholders and strategically aligned third party organizations, in part through founding the Anti-Diversion Industry Working Group, a collective of leading manufacturers and distributors of pharmaceutical controlled substances coming together to collaborate and share best practices with the purpose of exceeding DEA obligations for opioid anti-diversion programs.

Mallinckrodt shares the DEA's commitment to maintaining effective controls against the diversion of pain medications and will continue to work with the agency toward these shared goals. For additional information on Mallinckrodt's responsible use initiatives, visit www.mallinckrodt.com/corporate-responsibility/safe-use-initiatives.

ABOUT MALLINCKRODT
Mallinckrodt is a global business that develops, manufactures, markets and distributes specialty pharmaceutical products and therapies. Areas of focus include autoimmune and rare diseases in specialty areas like neurology, rheumatology, nephrology, pulmonology and ophthalmology; immunotherapy and neonatal respiratory critical care therapies; and analgesics and hemostasis products. The company's core strengths include the acquisition and management of highly regulated raw materials and specialized chemistry, formulation and manufacturing capabilities. The company's Specialty Brands segment includes branded medicines and its Specialty Generics segment includes specialty generic drugs, active pharmaceutical ingredients and external manufacturing. To learn more about Mallinckrodt, visit www.mallinckrodt.com.

Mallinckrodt uses its website as a channel of distribution of important company information, such as press releases, investor presentations and other financial information. It also uses its website to expedite public access to time-critical information regarding the company in advance of or in lieu of distributing a press release or a filing with the U.S. Securities and Exchange Commission disclosing the same information. Therefore, investors should look to the Investor Relations page of the website for important and time-critical information. Visitors to the website can also register to receive automatic e-mail and other notifications alerting them when new information is made available on the Investor Relations page of the website.

Cautionary Statements Related to Forward-Looking Statements
Statements in this document that are not strictly historical, including statements regarding the terms of the agreement in principle and the expected payment, future operating results, and any other statements regarding events or developments that we believe or anticipate will or may occur in the future, may be "forward-looking" statements within the meaning of the Private Securities Litigation Reform Act of 1995, and involve a number of risks and uncertainties.

There are a number of important factors that could cause actual events to differ materially from those suggested or indicated by such forward-looking statements and you should not place undue reliance on any such forward-looking statements. These factors include risks and uncertainties related to, among other things: the required review and approval of the terms of the agreement in principle by relevant government agencies; Mallinckrodt's ability to negotiate definitive documentation for the settlement; general economic conditions and conditions affecting the industries in which Mallinckrodt operates; the commercial success of Mallinckrodt's products; Mallinckrodt's ability to realize anticipated growth, synergies and cost savings from acquisitions; conditions that could necessitate an evaluation of Mallinckrodt's goodwill and/or intangible assets for possible impairment; changes in laws and regulations; Mallinckrodt's ability to successfully integrate acquisitions of operations, technology, products and businesses generally and to realize anticipated growth, synergies and cost savings; Mallinckrodt's ability to successfully develop or commercialize new products; Mallinckrodt's ability to protect intellectual property rights; Mallinckrodt's ability to receive procurement and production quotas granted by the DEA; customer concentration; Mallinckrodt's reliance on certain individual products that are material to its financial performance; cost containment efforts of customers, purchasing groups, third-party payers and governmental organizations; the reimbursement practices of a small number of public or private insurers; pricing pressure on certain of Mallinckrodt's products due to legal changes or changes in insurers' reimbursement practices resulting from recent increased public scrutiny of healthcare and pharmaceutical costs; limited clinical trial data for H.P. Acthar Gel; complex reporting and payment obligations under healthcare rebate programs; Mallinckrodt's ability to navigate price fluctuations; future changes to U.S. and foreign tax laws; Mallinckrodt's ability to achieve expected benefits from restructuring activities; complex manufacturing processes; competition; product liability losses and other litigation liability; ongoing governmental investigations; material health, safety and environmental liabilities; retention of key personnel; conducting business internationally; the effectiveness of information technology infrastructure; and cybersecurity and data leakage risks.

These and other factors are identified and described in more detail in the "Risk Factors" section of Mallinckrodt's Annual Report on Form 10-K for the fiscal year ended September 30, 2016. The forward-looking statements made herein speak only as of the date hereof and Mallinckrodt does not assume any obligation to update or revise any forward-looking statement, whether as a result of new information, future events and developments or otherwise, except as required by law.

CONTACTS

Media
Daniel Yunger or Jeffrey Taufield
KEKST
212.521.4800
daniel.yunger@kekst.com / jeffrey.taufield@kekst.com

Investor Relations
Coleman N. Lannum, CFA
Senior Vice President, Investor Strategy and IRO
314-654-6649
cole.lannum@mallinckrodt.com 

Daniel J. Speciale, CPA
Director, Investor Relations
314-654-3638
daniel.speciale@mallinckrodt.com 

Government Affairs
Mark Tyndall
Vice President, Government Affairs
202-213-9388
mark.tyndall@mallinckrodt.com

1 Deterra drug deactivation pouches are manufactured by Minneapolis-based Verde Technologies.

 

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SOURCE Mallinckrodt plc