The Vermont Attorney General (VT AG) posted its third round of enforcement actions of 2015 against a manufacturer of surgical microscopes and a dental products company. You can read Cooley’s posts about the first two 2015 enforcement actions here and here.

The Assurance of Discontinuance for Premier Dental Products Company states that it provided allowable expenditures and/or permitted gifts to Vermont health care professionals in fiscal and calendar year 2011, and calendar years 2012 and 2013, and failed to submit required reports with the VT AG for those years in violation of the state’s Prescribed Products Gift Ban and Disclosure Law, 18 V.S.A. §§ 4631a, 4632. Premier agreed to pay the state $35,000 and otherwise comply with the Prescribed Products Law.

Similarly, the Assurance of Discontinuance for Leica Microsystems states that it “may have given” allowable expenditures and/or permitted gifts to Vermont health care professionals in fiscal year 2010, fiscal and calendar year 2011, and calendar years 2012 and 2013, and failed to submit required reports with the VT AG for those years in violation of the state’s Prescribed Products Gift Ban and Disclosure Law, 18 V.S.A. §§ 4631a, 4632. Leica Microsystems agreed to pay the state $50,000 and otherwise comply with the Prescribed Products Law. This Assurance is notable because the “may have given” language suggests that the company was unable to confirm whether allowable expenditures or permitted gifts were provided were provided to health care professionals in the relevant years. Additionally, this is the second largest penalty by the VT AG to date.