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Bristol-Myers Squibb Company

BMY

Health Care

3

exclusion reasons

1 theme

Corporate Misconduct (3)
BMY Health Care Current as of April 2026

This page is part of our public exclusion list — a transparency tool that shows which companies we screen out and why. It is not investment advice, and it is not an accusation. But it is subject to change as our understanding of the facts evolves.

Political Influence
Since Mar 8, 2026

Bristol-Myers Squibb's political influence extends well beyond standard pharma lobbying ($10M in 2025, 91% YoY increase). BMS is distinguished by a 2007 criminal guilty plea for perjury (lying to DOJ about Plavix/Apotex anti-generic agreements), a 2003 FTC consent decree for a "pattern of abusing government processes" to stifle generic competition across Taxol, Platinol, and BuSpar, and a 2009 $2.1M penalty for violating that same consent decree regarding Plavix. BMS is one of a handful of pharma companies that actively sued to block Medicare price negotiation under the IRA (dismissed at district and appellate levels; cert petition pending at SCOTUS). BMS contributes to PhRMA, which gave $4.5M to American Action Network (dark money group opposing drug pricing reform) in 2020.

Extractive Business Models
Since Jun 12, 2024

BMS/Celgene weaponized the FDA-mandated REMS safety program for Revlimid (lenalidomide) as a barrier to generic competition — the most documented case of REMS abuse in US pharmaceutical history. Strategy: (1) denied drug samples to generic manufacturers citing "safety," blocking required FDA bioequivalence testing; (2) filed 206 patents (117 granted) creating a prohibitive thicket; (3) settled with generics under volume caps limiting them to 7% market share years after the primary patent expired in October 2019, with restrictions not fully lifting until January 2026. Price rose from $215/pill (2005) to $763/pill (post-acquisition) — 254% vs 31% CPI inflation. ~$100B lifetime revenue. House Oversight found Celgene rewarded executives with $400M in compensation tied to price increases. Active antitrust lawsuits from Mayo Clinic, Cigna (alleging BMS leveraged Revlimid settlements to extract pay-for-delay on Pomalyst), and class actions.

Financial Misconduct
Since Aug 4, 2004

BMS has ~$3 billion in cumulative regulatory penalties across 52 enforcement records (Violation Tracker). Major actions: $150M SEC settlement (2004) for securities fraud — channel-stuffing that inflated earnings by $1.5B. $515M DOJ settlement (2007) for illegal off-label marketing of Abilify to children, kickbacks to physicians, and fraudulent drug pricing. $75M DOJ False Claims Act settlement (2021) for underpaying Medicaid rebates. $14M SEC settlement (2015) for FCPA violations — China sales reps provided cash, jewelry, and gifts to healthcare providers. $700M Plavix failure-to-warn settlement with Hawaii (2025) — drug ineffective for certain ethnic backgrounds, prescribed 837K+ times. Criminal guilty plea (2007) for perjury regarding Plavix anti-generic agreements.

Research Sources 11 organizations

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Companies appear on our exclusion list based on our investment judgment — not because they've done anything illegal. This is a difference of values and opinion, not an accusation of wrongdoing. Exclusion does not constitute a recommendation against investing in any company, and absence from the list does not constitute a recommendation to invest.

This information is provided for educational and transparency purposes only and should not be relied upon as investment advice. Data is drawn from independent watchdogs, NGOs, government registries, and Ethical Capital's ongoing research — see Research Sources for the full list.

Ethical Capital LLC is a state-registered investment adviser in Utah (CRD #316032). Registration does not imply a certain level of skill or training.