In 2020, the Federal Government finalized “Transparency in Coverage” Rule, which requires health insurers and group health plans, including self-funded clients, to provide cost-sharing data to consumers.
UnitedHealthcare creates and publishes the Machine-Readable Files on behalf of Supernus. To link to the Machine-Readable Files, please click on the URL provided: https://transparency-in-coverage.uhc.com
Supernus Pharmaceuticals, Inc. is committed to the maintenance of high ethical standards, both internally and in its dealings with all those with whom it is involved. This is reinforced by Supernus’ strong belief in integrity, named as one of Supernus’ Corporate Values. The following policy has been adopted in order to provide guidance to employees in several areas of work where conduct/work ethics are or might potentially be in question. All employees are required to read this policy carefully and to adhere to its principles and spirit in the daily execution of their tasks and responsibilities.
Supernus Pharmaceuticals, Inc. (“Supernus” or the “Company”) and its affiliates are committed to maintaining the highest ethical standards in their dealings with all parties involved in the Company’s business activities, including employees, vendors, contractors and third parties. This Code of Ethics & Business Conduct (the “Code”) has been put in place to summarize the key ethical and legal principles that everyone at Supernus is required to adhere to. While this Code does not cover every issue that may arise, it is intended to promote honest and ethical conduct among all individuals employed by or associated with Supernus.
Every employee, officer, director, consultant, and contract worker (full time or temporary) is expected to read, understand, and comply with this Code and all other applicable laws, regulations and Company policies.
This Code and the spirit of its purpose apply to all Supernus locations, affiliates and subsidiaries. Employees who would like to seek further information or have questions on the information contained in the Code should speak with their supervisor or Compliance Officer.
The Code is not an employment contract. It does not change the at-will status of any employee of Supernus. Compliance with our Code, however, is a condition of continued employment. Accordingly, each employee must acknowledge receipt of this Code and being automatically and continuously bound by its terms.
The Code does not attempt to anticipate every ethical dilemma you may encounter. Supernus is relying on you to use good judgment and common sense in all of your business dealings.
Supernus recognizes its employees are a valuable asset of the Company and values employees who are ethical, innovative and hard workers. Supernus seeks to recruit and retain individuals by providing competitive compensation, excellent growth opportunities and a diverse workplace.
Supernus is committed to providing equal opportunity in employment to all employees and applicants. This commitment applies to recruitment, hiring, employment, and employment-related decisions (including, but not limited to, hiring, firing, workforce reductions, work assignments, transfers, promotions, wage/salary adjustments, and/or bonuses). Supernus is also committed to complying with all applicable laws regarding non-discrimination in employment. Supernus provides a discrimination- free work environment for all employees, regardless of race, color, religion, sexual orientation, age, gender identity or gender expression, national origin, citizenship, ancestry, marital status, disability, genetic information, veteran status, or other characteristics protected by applicable laws.
Supernus respects diversity and the personal dignity of its employees. Supernus employees are expected to treat all colleagues with respect and dignity. As such, Supernus strives to ensure that the Company’s work environment is free of discrimination and harassment.
Supernus will not tolerate any form of harassment, whether physical, verbal, or visual.
Employees should report any type of discrimination or harassment immediately to their manager, Human Resources Department, Legal Department, Compliance Department or the Compliance Hotline.
Supernus is committed to providing a safe and healthy working environment to its employees through the adherence to applicable health and safety laws. Any employee who is aware of any conditions or practices in the workplace that pose a threat to health, safety, or the environment is responsible for reporting them to their manager, Human Resources Department, Legal Department, Compliance Department or the Compliance Hotline immediately.
Supernus’s reputation for integrity and excellence requires careful adherence to all applicable laws and regulations as well as commitment to the highest standards of conduct of corporate and personal integrity. Productivity is maximized when employees act ethically, responsibly, and professionally. Supernus expects all employees to conduct Company business in an ethical manner.
There may be situations where the ethical or legal course of action may be unclear. In such case, employees are expected to seek guidance by speaking with their supervisor or the Compliance Officer.
Supernus employees shall abide by applicable laws and regulations where Supernus operates or otherwise conducts business. This includes, but is not limited to, laws and regulations that prohibit bribery and corruption or impose trade sanctions or protect privacy rights. Each employee must strive to fully understand which laws pertain to their area of work and what is required to be in compliance with these laws. Since the laws are numerous and complicated, this Code does not include a summary of every relevant law. Employees who have any questions or concerns about a particular law, this Code or any other Company policy, should discuss their questions or concerns with their supervisor or the Compliance Officer.
While employees are not expected to have in-depth knowledge of all applicable laws and regulations, employees should understand the underlying principles and apply them to their activities. Examples of laws and the principles that govern Supernus’s business are outlined below.
Anti-Bribery and Anti-Corruption Laws: These laws prohibit bribery through the provision of anything of value to foreign government officials, and/or commercial bribery, to gain or retain business or favorable treatment and carry significant penalties for violations. Supernus prohibits the payment of any bribes regardless of recipient type and prohibits facilitation payments (even if otherwise permissible by law).
Anti-Kickback Statute (“AKS”): AKS laws prohibit anyone from offering, paying, soliciting, or receiving anything of value (including a kickback, bribe, or rebate) in order to directly or indirectly, implicitly or explicitly, reward past prescribing or induce future prescribing, purchase, use or recommendation of any item or service reimbursed under a federal or state healthcare program, or to unlawfully influence regulatory, pricing, formulary or reimbursement decisions and/or gain or improve access to HCPs.
False Claims Act (“FCA”): The FCA in the US protects the federal government from false or fraudulent claims for payment. Violations of this law include providing false records or statements to obtain payment from the government or causing a third party to submit a false claim to the government. This statute has been used to prosecute pharmaceutical companies for encouraging prescribers to prescribe products for unapproved uses or for providing alleged kickbacks leading to improper reimbursement by federal healthcare programs such as Medicare and Medicaid.
Health Insurance Portability and Accountability Act (“HIPAA”): HIPAA, as amended by the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, addresses the security and privacy of health information, who is responsible for maintaining the security and privacy of such information, and who may access and/or use such information. Violations can lead to severe penalties including criminal and/or civil fines and/or imprisonment.
HHS-OIG Compliance Program Guidance for Pharmaceutical Manufacturers: The Office of Inspector General of the Department of Health and Human Services (“HHS-OIG”) in the US has developed guidelines for pharmaceutical manufacturers to consider when developing, implementing, or evaluating a Corporate Compliance Program. HHS-OIG also reinforced the Federal Sentencing Guidelines’ seven elements of an effective compliance program. The guidance is intended to assist with the development and implementation of internal controls and procedures that promote adherence to applicable law, regulations, and rules.
Industry Codes: Supernus abides by applicable industry codes and all Supernus employees shall ensure that their conduct, such as interactions with HCPs, is completely appropriate and of the highest ethical standards. Examples of industry codes that Supernus follows include PhRMA Code on Interactions with Healthcare Professionals and PhRMA Principles on Conduct of Clinical Trials.
Patient Protection and Affordable Care Act (“PPACA”): Under PPACA, applicable manufacturers must report certain payments or transfers of value to a US physician or teaching hospital. This law necessitates the tracking and disclosure of spend associated with healthcare professionals by the Company. In instances where state requirements and laws are more restrictive than Supernus policies, Supernus employees shall conduct activities in accordance with the more restrictive state requirements.
Anti-trust and fair competition laws are meant to prevent restraints on trade, and a competitive marketplace ensures that the greatest benefit can be realized by both consumers of healthcare products and services (i.e. patients, healthcare providers) and suppliers of those products/services. Each employee is expected to understand and comply with anti-trust and fair competition laws and not to enter into business contracts or engage in activities that violate, or give the appearance of violating these laws.
Specifically, when dealing with competitors:
Violations of these laws by any Supernus employee carry severe penalties for both the Company and the individual depending on the severity of the violation. Anti-trust and fair competition laws are complex; therefore employees must contact the Legal Department for approval of any business practice conducted on behalf of the Company that may involve an interpretation of these laws.
Supernus complies with applicable laws and regulations that govern the development, manufacturing, labeling, promotion and sale of pharmaceutical products.
When patients and HCPs seek drug-related information about products, they are looking for the most accurate and complete information. Therefore, when the FDA approves a drug, it does so for certain purposes and indications only. A drug product is approved for the use stated in its label. Any other use is considered off- label. Off-label information can include information regarding disease state, dosing, patient populations, use of concomitant medications, duration of therapy, comparison to other therapies, etc. To avoid any risk of promoting an off-label use of our products, each employee is responsible for learning and understanding the on-label use of the Company’s promoted products and is prohibited from proactively communicating off-label information.
The Food & Drug Administration (“FDA”) prohibit pharmaceutical companies from marketing or promoting a drug for off-label use. However, they do not prevent HCPs from prescribing or discussing off-label information with their patients. The Company’s Medical Affairs department is permitted to respond to unsolicited requests for off-label information for a Company product. Unsolicited requests are direct, spontaneous question(s) from an HCP that is neither directly nor indirectly encouraged nor prompted by a Supernus employee.
Supernus’ policy is to advertise and promote its products only through programs and materials that have been formally approved by the Company. All such programs and materials are reviewed by appropriate Supernus personnel to ensure compliance with applicable state and federal laws and regulations. Unauthorized alteration of product labels or literature may result in severe penalties against the responsible individual and the Company. No Supernus employee should modify any portion of any product labeling or literature, without prior authorization from the Legal Department and the Regulatory Affairs Department. Use of any unapproved promotional materials or advertisements is strictly prohibited. Also, materials may never be disseminated as advance notification of unapproved/ investigational product(s).
Product samples may be made available for HCPs to initiate treatment in appropriate patients but can never be provided simply to reward or encourage prescribing behaviors or for any improper purpose.
Building strong, appropriate and ethical relationships with HCPs are an integral part of Supernus’s business operations. The PhRMA Code provides guidance on what is acceptable during these interactions to ensure that HCPs have the most up to date and accurate information on prescription medicines. As such, all Supernus employees must conduct themselves in the most appropriate and compliant manner when interacting with an HCP.
Supernus understands that any relationship with an HCP must be compliant with applicable healthcare fraud and abuse as well as anti-bribery and anti-corruption laws. These laws prohibit giving or offering anything of value to influence prescribing or purchasing decisions. Furthermore, laws and regulations prohibit the submission of false claims or statements to federal or state healthcare programs. To ensure compliance with regulations pertaining to interactions with HCPs and HCOs, Supernus has drafted and implemented written policies and procedures that provide guidance to employees regarding appropriate interactions with these groups.
Supernus may, from time to time, enter into an agreement with an HCP to provide bona fide services to the Company. These services may include assisting in the development of products or product claims, speaking at presentations or conferences, participating in advisory board meetings, providing general consulting services, training employees or conducting clinical trials or other research. Prior to entering into an agreement with an HCP, there must be a legitimate business or scientific need for the service that has been identified, demonstrated and documented. Supernus bases decisions to select or retain an HCP as a consultant based on their qualifications to provide the required services, such as medical expertise, reputation, knowledge and experience regarding a particular therapeutic area.
Compensation provided to HCP consultants and reimbursement for expenses must be reasonable and reflect the fair market value (“FMV”) of the services being performed under the agreement. Compensation may not vary based on the volume or the value of the HCP’s past, present or anticipated business.
Supernus’s sales and promotional interactions with HCPs are intended to inform HCPs about Company products and provide relevant scientific and educational information to support patient care and the practice of medicine. Supernus does not use gifts, meals, hospitality, entertainment, recreation, and other items or activities of value to influence HCPs to prescribe, use, purchase, recommend, or make favorable formulary recommendations concerning Supernus products. Providing gifts for the personal benefit of HCPs or HCOs is not permitted. Provision of cash or cash equivalents, such as gift certificates, coupons, vouchers, tickets or similar items is also prohibited. Holidays and other special occasions (e.g., weddings, funerals or graduations) do not constitute exceptions to this policy. To the extent allowable under local law, in-kind items of educational value may be provided to HCPs.
On occasion, Supernus may receive personal and private information for legitimate business purposes including, but not limited to, information concerning colleagues, job applicants, research study subjects, research investigators, patients, consultants, HCPs, vendors, and suppliers. Supernus is committed to compliance with applicable legal and regulatory requirements protecting the privacy of Personal Health Information, other confidential information and safeguarding this information in a manner consistent with applicable laws.
Supernus respects individual privacy and adheres to applicable data privacy/data protection laws and regulations. All Supernus employees are expected to protect individually identifiable information as it pertains to employees, applicants, clinical trial and research study patients, and customers.
Employees are prohibited from (a) taking corporate opportunities that are discovered through the use of Supernus’s property, information or position and using them personally; (b) using Supernus’s property, information or position for personal gain; and
(c) competing with Supernus. Employees owe a duty to Supernus to advance its legitimate interests when the opportunity to do so arises.
Each employee should endeavor to deal fairly with Supernus’s shareholders, customers, suppliers, competitors and employees. No one should take unfair advantage of anyone through manipulation, concealment, abuse of privileged information, misrepresentation of material facts, or any other unfair dealing practice.
Supernus employees must adhere to all applicable laws and regulations. In doing so, they must steer clear of any conflicts of interest that may affect Supernus’ reputation negatively. Employees must uphold Supernus’ values while conducting business within the letter and spirit of the law.
Supernus employees have a responsibility to the Company, their co-workers, and themselves to avoid conflicts of interest. A conflict of interest may arise when personal interests compromise, or have the appearance of compromising, judgment. Supernus employees have a duty to avoid conflicts of interest whenever possible, keeping the Company’s best interest in mind at all times. Employee decisions should not be made for personal gain that conflicts with their professional or ethical obligations to Supernus. Three general rules in avoiding conflicts of interest are:
In the event that an actual conflict of interest arises between the personal, professional or financial duties of an Supernus employee, the employee involved in this conflict of interest should address, disclose and handle the matter in the utmost ethical manner and in accordance with this Code, including disclosing such conflict of interest to their supervisor or the Compliance Officer.
Insider trading involves the purchase or sale of securities of a reporting issuer with knowledge of a material fact or material change with respect to the reporting issuer that has not been generally disclosed. The prohibition against insider trading also applies to trading in the securities of any publicly traded company about which a Supernus employee, director, or agent may receive inside information during the course of his or her relationship with Supernus. Employees, officers, stockholders and directors (and their families) are obligated to abide by both United States and Canadian laws and regulations prohibiting trading in the securities markets based on inside information or communicating inside information about Supernus or its business partners, competitors, customers, or suppliers. Any Supernus employee, officer, or director who has a question regarding stock trading or the sharing of Supernus information with third parties should contact the Legal Department.
Supernus believes in free and open competition in the marketplace. Keeping up with the competition means having the ability to produce proper business plans, which sometimes include an assessment of competitors’ products, services, or business. However, Supernus respects the privacy and confidentiality of its competitor’s information and only wishes to gather such information pertaining to competitive advantages in a reasonable and ethical manner. Obtaining a competitor’s confidential, non-public information through unlawful practices is not permitted. The improper gathering of competitive information could subject Supernus and the employee to criminal and civil liability. Any Supernus employee who has acquired a competitor’s private and confidential information unlawfully is subject to disciplinary and if necessary, legal actions and will be required to immediately destroy the confidential information that is obtained.
The release of confidential information about Supernus or its business or products may harm the Company. It is imperative that any confidential scientific and business information regarding Supernus, as well as the Company’s trade secrets, be protected to ensure the Company’s success. It is the duty of Supernus employees to safeguard this confidential information. Confidential information includes, but is not limited to:
Employees must maintain the privacy of confidential information pertaining to Supernus’s business at all times. Confidential information known by an employee must remain confidential both during and after employment with the Company (whether such termination is voluntary or involuntary). Any Supernus employee who improperly uses or discloses confidential information will be subject to disciplinary action, up to and including termination of employment without notice and legal action, even if they do not personally benefit from the disclosure. When leaving the employ of Supernus, an employee must return all confidential information in any form and all copies which are, or may have been, in his or her possession.
If an employee has any doubt as to the confidentiality of specific information, he or she should discuss it with the Legal Department.
Supernus offers employees access to a variety of the Company’s resources such as Company property, information, resources, systems and many other supplies. These resources are intended to be used by employees for Company business and the employee assumes the responsibility to protect against theft, loss, misappropriation and misuse. These resources should be used only for Company business and not for any personal use, though incidental personal use may be permitted at times.
It is important to recognize that any and all data and/or other information linked to these assets, such as email, documents and any other files, are the property of Supernus. The Company reserves the right to retain and inspect this data and/or information, including any electronic communications transmitted over any Supernus network, with or without an employee’s or third party’s knowledge, consent or approval, in accordance with applicable law, except in each case as may be limited by applicable foreign laws.
All Supernus employees shall provide reasonable and appropriate care when dealing with Supernus’s assets, resources, and property. Any misuse of Supernus’s assets, resources and/or property that an employee becomes aware of should be reported to his or her supervisor, and if appropriate, the Legal Department.
All employees have a duty to ensure that Supernus’ business information is stored in a secure manner and complete records are identified, securely stored, and disposed of in the appropriate manner. Supernus must retain records for immediate use, as well as possible long-term use for litigation purposes, historical reference, contractual obligations, regulatory or legal requirements, or for other purposes as determined by Supernus. When a record supersedes the necessary retention period or is simply no longer needed, it may be discarded. Should a current or potential lawsuit, audit or internal investigation be initiated, discarding of records should be suspended in accordance with the applicable legal hold. If a Supernus employee is unsure as to whether a document should or should not be disposed, he or she should contact the Legal Department.
Supernus is committed to being a good corporate citizen in the communities in which it does business. Supernus employees must provide an accurate and consistent message to the public when speaking of, or representing, Supernus.
Supernus employees are encouraged to give back to the community through charitable contributions. While such contributions to the community can make a difference, Supernus must ensure that these contributions are provided in accordance with Company policies and applicable laws and regulations. If a charitable contribution is to be made by Supernus, it must be approved through the proper channels. Questions with regards to charitable contributions may be directed to the Compliance Officer.
Supernus encourages its employees to engage in political activities, such as the right to vote. However, it is imperative that all employees understand that these engagements should not be conducted on behalf of the Company or in any way that is likely to give the impression that the Company is taking a stance to support or endorse any candidate or political party. Such activities must also be done on personal time and without the involvement of any Supernus resources. Questions with regards to political contributions and activities may be directed to the Compliance Officer.
It is extremely important that any message to the public be accurate, consistent and authorized by the appropriate person at Supernus. All employees must be aware of, and adhere to, Supernus’s guidelines on communicating with the public through the media, press releases, promotional materials or other means. Any requests for information from Supernus by an outside party should be immediately referred to Investor Relations.
Supernus has adopted policies, procedures, training programs and mechanisms to promote an atmosphere of open, honest and ethical communication throughout Supernus. The Compliance Officer is primarily responsible for oversight of the Compliance Program, but each employee plays an important role in building and supporting the Compliance Program for Supernus.
Supernus is committed to ensuring compliance with Company policies and applicable laws and regulations to preserve the Company’s reputation, ensure the safety of its customers, and to continue to be successful. This is all possible because of the Company’s dedication to compliance with all applicable laws and regulations and Company policies.
If a Supernus employee knows of or suspects a violation of a Company policy, procedure, law or regulation or unethical conduct, he or she has a responsibility to report this. Examples of issues that require reporting include financial improprieties, accounting or audit matters, ethical violations, illegal practices, or serious violations of Supernus’s Code of Business Ethics & Conduct or policies. The failure to report such a violation will itself be viewed as a violation of this Code. Appropriate channels to report a concern include your supervisor or another supervisor, the Human Resources department, the Compliance Officer, the Legal Department, or through Supernus’s reporting mechanisms (e.g., the Compliance Hotline). Supernus expects employees to report concerns with as much information, facts and details as possible related to the known or suspected issue so that the Company can evaluate the reports and identify and correct any problems promptly.
Supernus has established a compliance reporting mechanism for anyone who wants to report a good faith concern related to unethical or illegal conduct or violations of this Code. Good faith means a sincere and honest belief that is not motivated by malice or the desire to defraud others for personal gain. The hotline may be used to anonymously report violations or suspected violations of the law.
Reports of suspected misconduct and compliance violations made in good faith will be subject to investigation promptly and thoroughly by the appropriate persons. This information will be treated as confidential and remain anonymous unless disclosure to a third party is deemed necessary for the investigation. The Compliance Officer is responsible for determining the resources that will conduct the investigation, depending on the nature of the reported concern. Cooperation is imperative during internal investigations by each Supernus employee involved in such investigations.
Supernus strictly prohibits intimidation or retaliation of any kind against an employee who seeks advice, raises a concern, reports known or suspected violations or unethical conduct, or provides information in an investigation, even if the good faith report is not substantiated. If an employee believes they have been subject to retaliation, or know of someone who has, notify their supervisor or the Compliance Officer.
This Code is provided to give Supernus employees the tools to understand and adhere to the laws and regulations that guide our Company and allow us to achieve the highest standards of conduct. Therefore, employees are subject to disciplinary action for authorizing or participating in an activity that results in a violation of the law, Company policies or any other standards and procedures listed.
Each situation will be evaluated and handled individually by Supernus. Based on the severity of the problem and circumstances involved, the disciplinary actions will vary. If disciplinary action is warranted, subject to local law, it may range anywhere from a warning to termination of employment. In certain circumstances, an individual employee may be subject to criminal fines, imprisonment, and an official prohibition on working in the pharmaceutical industry.
From time to time, Supernus may waive certain provisions of this Code on a case by case basis. Should a Supernus employee feel that he or she merits a waiver regarding this Code, he or she should contact his or her manager, who should contact the Compliance Officer directly. Any waivers of this Code require approval from the Compliance Officer. All waivers of this Code will be disclosed as required under applicable law and regulations. This Code may be amended at any time without prior notice. If necessary, amendments to the Code should be provided by the Compliance Officer. Amendments to this Code will be promptly disclosed to Supernus employees.
Employees are expected to be a part of Supernus’s achievements. Compliance with applicable laws, regulations, Company policies and other best practices applicable to companies in our industry is critical to Supernus’s success. On an annual basis, all Supernus employees shall certify that he or she has read and understood Supernus’s Code of Conduct, in order to demonstrate their dedication to conducting themselves in the utmost ethical and professional manner.
Working with healthcare professionals (HCPs) allows us to gather and share critical, real-world information, feedback, and insight. This is essential to fulfilling our commitment to develop, license, and market healthcare products that improve lives.
Research and Development
HCPs, hospitals, and research institutions collaborate with Supernus and others to research the safety and effectiveness of new medicines and treatment options, develop new uses for existing medicines, and conduct in-depth studies of how medicines may help patients.
Professional Advising and Consulting
Input, advice, and feedback from HCPs is not only critical to advancing our research and development activities, but also helps us better understand treatment landscapes and the needs of patients and healthcare providers. Consulting relationships help ensure we’re developing medicines that are safe and effective, and that meet the needs of the patients we serve.
Expert-Led Forums
Supernus engages knowledgeable, experienced HCPs to assist with educating their peers, other professionals, patients, and caregivers about health conditions, treatment landscapes, and, when appropriate, our products.
The Physician Payments Sunshine Act (the “Sunshine Act”) was enacted by Congress in 2010 to create more transparency around the relationships between pharmaceutical companies and HCPs in the United States. The Sunshine Act requires companies to report to the federal government certain payments and other “transfers of value” made to HCPs and specific teaching hospitals, and further requires those reports be made available to the public. Even without this requirement, Supernus is generally committed to transparency around our payments and other "transfers of value" to HCPs.
We believe that the requirements of the Sunshine Act, and the transparency the Sunshine Act has created, helps foster trust with patients, healthcare professionals, and government officials and helps reinforce adherence to high ethical standards throughout the industry.
To view Supernus' disclosure of payments and transfers of value to HCPs and specific teaching hospitals:
The CMS Search Tool will display a summary of Supernus’ overall payment information. You will also have the ability to search and view more detailed information for payments made to individual HCPs and/or teaching hospitals.
Supernus is committed to maintaining an effective compliance program in accordance with the Compliance Program Guidance for Pharmaceutical Manufacturers published by the Office of Inspector General of the United States Department of Health and Human Services (the “OIG Guidance”). A compliance program is one of the key components of our commitment to the highest standards of corporate conduct. The compliance program adopted by Supernus is intended to adhere to the OIG Guidance, as well as the current Pharmaceutical Research and Manufacturers of America (PhRMA) "Code on Interactions with Healthcare Professionals” (the “PhRMA Code”). Supernus is committed to complying with the OIG Guidance and the PhRMA Code.
Effective July 1, 2005, California law [Cal. Health & Safety Code §119402 (SB 1765)], requires certain pharmaceutical companies doing business in California to make available their program for compliance with applicable federal and state laws regulating the marketing and promotion of their products. In addition, California law requires pharmaceutical companies to establish annual dollar limits on items and promotional materials given to healthcare professionals.
Our current policies support adherence to the voluntary guidelines that California law will now enforce. Supernus will enhance its existing policies and programs to cover the formal annual dollar limits required by the law and begin monitoring performance against those limits.
Supernus sales professionals may occasionally provide items to health care professionals designed for the education of patients or healthcare professionals. These items will be of reasonable value and provided in accordance with the provisions of the PhRMA Code and other applicable Company policies. In addition, Supernus sales professionals may occasionally offer modest meals as part of an educational presentation or in connection with Supernus' efforts to advance the professionals’ understanding of the efficacy, safety, and benefits of Supernus' approved products. Supernus has currently established an annual limit of $2,500 per individual health care professional for these types of items.
Consistent with Supernus' understanding of the California law, Supernus excludes certain items and payments in determining whether the annual limit has been met. Supernus' annual dollar limit, as of the date of this declaration, does not include the value of:
As part of its ongoing efforts in the area of compliance, Supernus maintains a compliance program that is designed to comply with applicable federal and state laws related to the marketing and promotion of our products. To our knowledge as of the date of this declaration, Supernus is, in all material respects, in compliance with California Health & Safety Code, §§ 119400-119402.
Copies of this summary and declaration and Supernus Compliance Program may be obtained by contacting Supernus Compliance Office at the following toll-free number: 855-836-3925.
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If you have questions or concerns with regard to one of Supernus' commercial products, please contact Supernus Support at 1-866-398-0833.
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Supernus Pharmaceuticals, Inc.
9715 Key West Avenue
Rockville, MD 20850
Effective April 2020
At Supernus, we believe in keeping our partners, patients, and providers informed so they can make the most appropriate healthcare decisions about our medications. One channel we use to have these informative conversations is through social media. We strive to be as candid and transparent about our perspective.
If you decide to post, respond, or comment on one of our posts, you are agreeing to abide by these Social Media Guidelines, which apply in addition to the Terms and Conditions or other legal notices that are provided by use or the social media platform. Please bear in mind that the comments and responses that you read on our channels that are not posted by us come from members of the public. The content of these comments (including opinions and statements) posted on our channels do not necessarily reflect the views of the social media site or its owner, and are the responsibility of the individuals posting them.
Guidelines
Important Considerations
Community Standards
Legal and Regulatory Considerations
Because we are a public company in a regulated industry, there are certain topics we won’t be able or willing to talk about here, and some of your discussions may need to be redirected or curtailed for the same reason. By way of example, we ask that you refrain from posting comments that contain:
Your use of our social media channels indicates your acceptance of these Guidelines and any subsequent versions. Users who violate these terms may be blocked. While we encourage everyone to participate in active discussion and share content, where appropriate, we cannot be responsible for views expressed other than our own. Please read and engage at your own risk. We hear you and we see your comments to our content, but we cannot verify the accuracy of statements made by other users.
We reserve the right to delete any of our social media channels and its contents at any time. While these Guidelines cover the most common situations, we cannot anticipate everything. Accordingly, Supernus may take actions not outlined in these Guidelines, as deemed necessary and appropriate.
INTRODUCTION
Supernus Pharmaceuticals, Inc. (collectively “Supernus,” ”we,” “us,” and “our”) is committed to respecting your privacy. This Consumer Health Data Privacy Policy supplements the Supernus Privacy Policy and applies to personal data defined as “consumer health data” subject to the Washington State My Health My Data Act.
CONSUMER HEALTH DATA COLLECTED
The consumer health data we collect depends on the context of your interaction with us. Examples of consumer health data we collect include information about an individual’s:
SOURCES OF CONSUMER HEALTH DATA
We collect consumer health data from the following sources:
PURPOSES FOR COLLECTION AND USE
We collect consumer health data in order to provide you with information about our therapies, provide you with our therapies, and facilitate your use of and payment for our therapies. We also use the consumer health data we collect to market our products, services, and programs to you, compile statistics, conduct research, improve our products, services, and programs, and comply with legal and regulatory obligations such as adverse event reporting required by the Food and Drug Administration (FDA).
DISCLOSURE OF CONSUMER HEALTH DATA
We disclose consumer health data to service providers and business partners that support the operation of our products, services and programs, and other business functions. With your authorization, we may also disclose consumer health data to healthcare providers, pharmacies, and insurers, as necessary to provide requested services . We disclose consumer health data to regulatory authorities or other parties as required by law.
We may disclose consumer health data to our affiliates, including MDD US Operations, LLC and Solstice Neurosciences, LLC.
We may also disclose consumer health data to the parties of a corporate transaction such as a merger or acquisition. In addition, we may disclose consumer health data to government agencies or otherwise as necessary to prevent, detect, or investigate fraud or threats to health, safety, or legal rights.
YOUR RIGHTS
Washington residents have the following rights with respect to their consumer health data, subject to certain exceptions:
You can submit a request to exercise these rights using any of the mechanisms listed in the Contact Information section below. Depending on the type of request, we may need to verify your request before we can fulfill it. Please note that certain exceptions may apply to these rights (e.g., we may be unable to honor a request to delete if it conflicts with our legal obligation to retain and report adverse event data). Finally, please review the Supernus Privacy Policy for additional rights and choices you may have with respect to your personal data more generally.
You also have the right to appeal any decisions we make in response to your rights request. If your appeal is unsuccessful, you can raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint
CHANGES TO THIS POLICY
We may revise this policy from time to time. When we make changes to this policy, we will post the updated version on our websites and indicate the date the policy was last updated. We encourage you to review this policy periodically to check for any updates. Your continued use of our websites or services indicates your consent to the terms of this policy.
CONTACT INFORMATION
If you have any questions about this policy or if you would like to exercise your privacy rights, please contact us:
Supernus Pharmaceuticals, Inc.
9715 Key West Avenue
Rockville, MD 20850
privacy@supernus.com
www.supernus.com/contact-us
For privacy-specific inquiries, please include “Privacy Request” in the subject line.
SUPPLEMENT TO CONSUMER HEALTH DATA PRIVACY POLICY FOR NEVADA CONSUMERS
This supplement to our Consumer Health Data Privacy Policy applies to Nevada residents for purposes of providing additional disclosures required by Nevada’s consumer health data privacy law (Nevada Senate Bill 370).
The foregoing consumer health data disclosures and rights also apply to Nevada residents. In addition, Nevada residents also have the right to review and amend any consumer health data we maintain about them. Nevada residents can escalate unsuccessful appeals of consumer rights requests to the Nevada
attorney general at https://ag.nv.gov/
Last Updated: February 16, 2026
WHAT ARE COOKIES?
Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies allow a website to recognize your browser and remember certain information, such as your preferences or previous actions.
Some cookies are deleted when you close your browser (session cookies). Others remain on your device until they expire or are deleted (persistent cookies).
Cookies may be placed directly by us (“first-party cookies”) or by third parties that provide services to us (“third-party cookies”).
HOW WE USE COOKIES
We use cookies and similar technologies on our Website for the following purposes:
These cookies are required for the operation of the Website and enable core functionality such as security, accessibility, and network management. These cookies cannot be disabled because the Website may not function properly without them.
These cookies help us understand how visitors interact with our Website by collecting information such as pages visited, time spent on the site, and error messages. The information collected is generally aggregated and does not directly identify individual visitors.
We use this information to improve the performance and usability of our Website.
We or our partners may use certain cookies or similar technologies to deliver content or advertising that may be relevant to your interests.
Under certain U.S. state privacy laws, including California law, the use of some of these technologies may constitute the “sale” or “sharing” of personal information for purposes of cross-context behavioral advertising.
You may opt out of the sale or sharing of personal information by clicking the “Do Not Sell or Share My Personal Information” or “Your Privacy Choices” link available in the footer of our Website.
MANAGING COOKIES THROUGH YOUR BROWSER
You may block the use of cookies or remove cookies that are already installed on your device through your browser settings. Please note that disabling certain cookies may affect the functionality of the Website and may prevent access to some features.
Most browsers allow you to:
You can access these controls through your browser’s help or settings menu.
For information about managing cookies on your mobile device, please consult your device’s settings or user manual.
GLOBAL PRIVACY CONTROL (GPC)
Some browsers allow you to enable a Global Privacy Control (“GPC”) signal, which communicates your preference to opt out of the sale or sharing of personal information. Where required by applicable law, we recognize and honor valid GPC signals as a request to opt out of the sale or sharing of personal information for the browser and device from which the signal is sent.
ADDITIONAL INFORMATION
For more information about how we collect, use, and disclose personal information, please review our Privacy Policy.
Revised February 2026
INTRODUCTION
Supernus Pharmaceuticals, Inc., along with our subsidiaries and affiliates (“Supernus,” “we,” “us,” and “our”) respects your privacy and is committed to protecting your personal information. This Privacy Policy describes how we collect, use, and disclose personal information we receive in course of providing our products and services (the “Services”), which includes when you visit our website www.supernus.com or any of our product-specific websites that link to this Privacy Policy (collectively, the “Website”), or otherwise interact with us directly or indirectly. This Privacy Policy also addresses our privacy practices with respect to job applicant data, but it does not address our treatment of employee data. Also, please note that our handling of pseudonymized clinical trial data is not addressed in this Privacy Policy.
You can also review our Consumer Health Data Privacy Policy here.
INFORMATION COLLECTION
“Personal information” refers to any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual.
The personal information we collect about you depends on your relationship with us. We may collect personal information directly from individuals (e.g., from consumers who ask for information about our therapies, from healthcare providers, etc.), indirectly via tracking technologies on our Website, from third parties that provide your information with your authorization or otherwise on your behalf (e.g., information about patients from HUB partners), or from other sources such as advertising and market research partners, social media, or public databases. The personal information we may collect includes the following:
We may also collect personal information automatically using various tracking technologies on our Website. The information collected by these tracking technologies may include IP address, precise geolocation, referring URL, device ID, web browser characteristics, and date and time of activity. See further information in the section below.
COOKIES & MARKETING TOOLS
We use cookies and similar technologies such as tracking pixels and web beacons (collectively referred to as “cookies”) to collect user activity information, including your browsing activities and preferences. We may use the following cookies:
Analytics cookies, targeting and advertising cookies, and the user activity information generated from these cookies, are created, stored and/or managed by third party service providers that provide us with web traffic analytics, sales engagement and marketing automation services, such as Google Analytics and others. You can opt-out of Google Analytics by downloading Google’s Opt-Out Browser Add-on.
Some internet browsers offer a “Do Not Track” (“DNT”) feature that sends a signal indicating that a user does not wish to be tracked across websites. Because there is no consistent industry standard for recognizing or honoring DNT signals, our Website does not respond to DNT signals. However, where required by applicable law, we recognize and honor browser-based opt-out preference signals such as the Global Privacy Control (“GPC”). When a valid GPC signal is detected from your browser, we treat it as a request to opt out of the sale or sharing of personal information and targeted advertising associated with that browser or device.
You can manage your cookie preferences at any time through our privacy preference center, accessible via the footer of our Website.
INFORMATION USE
We process personal information for a variety of purposes, including to:
We may also aggregate and/or anonymize personal information and analyze that data for statistical or any other purposes permitted by law.
INFORMATION DISCLOSURE
We disclose personal information in the following ways:
Supernus does not sell personal information for monetary consideration, though certain of our digital analytics and advertising activities may constitute a “sale” or “sharing” of personal information as those terms are defined under applicable privacy laws (see further discussion in Your Privacy Rights and Additional Information for California Residents sections below).
DATA SECURITY
We use reasonable administrative, technical, and physical safeguards designed to ensure that the personal information we collect is protected from accidental or intentional manipulation, loss, destruction, or access by unauthorized persons. We make reasonable efforts to provide a level of security appropriate to the risk associated with the processing of personal information, however, no data transmission or storage system is guaranteed to be 100% secure in all circumstances.
RETENTION OF PERSONAL INFORMATION
We retain the personal information we collect as long as it is needed to provide our Services, to respond to inquiries, or as required by contractual, statutory, or other legal obligations.
THIRD PARTY LINKS
For practical reasons and for your information, our Website may contain links to other websites, such as links to our profile pages on social media sites. Supernus exercises no control over such other websites and is not responsible for the content thereon. This Privacy Policy does not apply to third party websites, and we recommend that you review the online privacy policy of any website you visit to determine how the operator handles personal information collected through its website.
CHILDREN’S PRIVACY
Our Website is not intended for use by children under the age of 16 and we do not knowingly collect personal information from children under 16. If we learn we have inadvertently collected personal information from children under 16 years old through our Website, we will take steps to delete that information. Although some of the pharmaceuticals we market are intended for use by children, our marketing of such as well as our Website is directed at parents of children. Supernus does not have actual knowledge that it collects, sells, or shares for cross-context behavioral advertising the personal information of individuals under 16 years of age.
INTERNATIONAL USERS
Supernus is located in the U.S. By visiting the Website or otherwise using the Services, you acknowledge and agree that your personal information may be processed as set forth in this Privacy Policy and it may be processed in a country other than your country of residence, where laws regarding processing of personal information may be less stringent than the laws in your country.
YOUR COMMUNICATION CHOICES
Please note that marketing emails you receive from us will include an “unsubscribe” link. However, if you would like Supernus to delete all of the personal information we maintain about you, including your email address, please submit a request to delete your personal information.
YOUR PRIVACY RIGHTS
Depending on your state of residence, you may have the following rights with respect to the personal information we maintain about you. Depending on the jurisdiction, these rights may apply specifically to consumer health data. Please note that these rights are not absolute, they may apply only in certain circumstances, and we may decline your request as permitted by law.
Requests to exercise these rights may be made using the contact information listed at the end of this Privacy Policy, or as otherwise described in this section. Only you, or as permitted by law, a person that you authorize to act on your behalf, may make a request related to your personal information. For certain requests, we must verify your request before we can fulfill it. Verifying your request will require you to provide sufficient information for us to reasonably confirm that you are the person about whom we collected personal information or that the requestor is authorized to act on your behalf. We will not discriminate against you for exercising your privacy rights.
ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS
This section provides additional disclosures for residents of California, as required by the California Consumer Privacy Act, as amended (the “CCPA”). Please remember that the information we collect varies based on our relationship with you and note that certain personal information or activities may not be reflected in this section because they are exempt from the CCPA.
| Category of Personal Information Collected | Examples of Personal Information Collected | Sources of Personal Information | Business Purpose for Collection of Personal Information | Categories of Third Parties to Whom Disclosed | Categories of Third Parties to Whom Sold or Shared for Cross-Context Behavioral Advertising |
|---|---|---|---|---|---|
| Identifiers and Personal Information described in Cal. Civ. Code § 1798.80(e) | Name (first and last), alias, shipping address, billing address, telephone number, business/employment contact information, unique personal identifier, online identifier, IP address, email address, payment card information, health insurance information. | Directly from you when you visit our Website or express interest in or purchase our Services; through cookies and other tracking technologies; from our business partners, including our HUB partners, healthcare providers and specialty pharmacies, pharmacovigilance partners, our advertising partners, and other business partners when they contact us regarding insurance claims. With respect to job applicants, we may collect this information directly from you or from recruitment partners. | Provide our Services, administer our Website, communications, security, legal, compliance and regulatory obligations, marketing purposes. With respect to job applicants, to facilitate the recruitment process. | Our business partners including our advertising partners, pharmacovigilance partners, and business partners we interact with regarding processing insurance claims. | Our advertising partners and social media companies. |
| Protected classification characteristics | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | Directly from you when voluntarily provided in connection with communications, job applications, or other interactions with us, and from service providers or recruitment partners that support our business operations. | We use personal information to operate and administer our business, evaluate applicants for employment, comply with legal and regulatory obligations, maintain records required by law, and support internal business operations. | None | None |
| Commercial information | Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | Directly from you when you visit our Website or express interest in or purchase our Services; through cookies and other tracking technologies. | Provide our Services, communications, security, legal, compliance and regulatory obligations, marketing purposes. | Our advertising partners. | Our advertising partners and social media companies. |
| Biometric information | Not collected. | N/A | N/A | N/A | N/A |
| Internet or other electronic network activity information | Website features you use, your access times, pages viewed, browser type, IP address, Internet service provider and/or mobile carrier, URLs of referring/exit pages, and information about the computer, phone, tablet or other devices you use to access the Services, including hardware model and operating system and version. | Cookies and other tracking technologies. | Provide, improve and enhance our Website and Services; security, legal, compliance and regulatory obligations, marketing purposes. | Our advertising partners. | Our advertising partners and social media companies. |
| Geolocation data | IP address | Cookies and other tracking technologies. | Provide, improve and enhance our Website and Services; security, legal, compliance and regulatory obligations, marketing purposes. | Our advertising partners. | Our advertising partners. |
| Sensory data | Audio, electronic, visual, thermal, olfactory, or similar information. | Audio when we record customer service calls. | Provide, improve and enhance our Services, security, legal, compliance and regulatory obligations. | None | None |
| Professional or work-related information | Employer or other company affiliation, your business title, your business contact information. Information regarding employment history. | Directly from you or from our recruiting partners when you apply for a job with us. | To conduct business and provide our Services. To evaluate applicants for employment. | None | None |
| Education information that is not publicly available | Educational background | Directly from you or from our recruiting partners when you apply for a job with us. | To evaluate applicants for employment. | None | None |
| Inferences drawn from other personal information | Profile reflecting a person’s preferences. | Directly from you when you use our Website or Services, or from our business partners including our advertising partners. | Provide, improve and enhance our Services, security, legal, compliance and regulatory obligations, marketing purposes. | Our advertising partners (e.g., for the purpose of developing lookalike audiences) | Our advertising partners and social media companies. |
| Sensitive Personal Information | Personal information that reveals a consumer’s account log-in in combination with any required password; personal information collected and analyzed concerning a consumer’s health. | Directly from you when you use our Website or Services; through cookies and other tracking technologies; from our business partners, including our HUB partners, healthcare providers and specialty pharmacies, pharmacovigilance partners, and other business partners when they contact us regarding insurance claims. | Provide, improve and enhance our Services, security, legal, compliance and regulatory obligations, marketing purposes. | Our business partners, including our advertising partners, pharmacovigilance partners, and business partners we interact with regarding processing insurance claims. | Our advertising partners and social media companies. |
Supernus may process sensitive personal information, including consumer health-related information, only as necessary to provide services, comply with legal and regulatory obligations, or support legitimate business operations. We do not use sensitive personal information to create profiles about individuals for purposes unrelated to the services requested, except as permitted by applicable law.
Finally, please note that our pharmacovigilance partners, in addition to collecting adverse event reports, may engage in what is known as social listening, whereby public posts on social media websites can be monitored for reports of adverse events and other comments or concerns about our products.
California residents should refer to the Your Privacy Rights section above for information regarding their privacy rights under the CCPA.
ADDITIONAL INFORMATION FOR INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA (EEA), SWITZERLAND AND THE UNITED KINGDOM
In addition to the disclosures made elsewhere in this Privacy Policy with respect to our privacy practices, our legal basis for processing personal data we collect in the EEA, Switzerland and the UK can vary depending on the manner in which you use our Services or otherwise engage with us. To the extent we rely on our legitimate interests as a legal basis for processing your personal information, we have considered the balance between our own interests (among other things, the lawful and efficient operation of our Website and Services) and your interests and we believe that (a) you would reasonably expect us to carry out the kind of processing referenced herein and (b) such processing will not cause you any harm and/or will not seriously impact your rights and freedoms with regard to data privacy. To the extent we rely on your consent as a legal basis for processing your personal information, you have the right to withdraw suchconsent given to us for the processing of your personal information at any time, although such withdrawalwill not affect the lawfulness of our processing prior to your withdrawal. We may also process personal data where necessary for our compliance with legal obligations to which we are subject. We also reserve the right to process personal data in the event we believe doing so is necessary to protect the rights of the data subject or another person
Individuals located in the EEA, Switzerland, or the UK, have the right to access, rectify, or erase your personal data; to restrict or object to processing of your personal data, including automated processing; and to data portability (i.e., the right to receive a copy of your personal data).
If you have any questions about our privacy practices or wish to exercise these rights, please contact us using the contact information below. You also have the right to file a complaint with your data protection authority if you have a concern about the manner in which we are processing your personal data.
CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is effective as of the date stated at the bottom of this page. We may change this Privacy Policy from time to time. When we make changes to this policy, we will post the updated version on our Website and indicate the date the policy was last updated. We encourage you to review this page periodically to check for any updates. Your continued use of our Services indicates your consent to the terms of our Privacy Policy at the time of use.
CONTACT INFORMATION
If you have questions regarding this Privacy Policy or wish to exercise your privacy rights, please contact us at:
Supernus Pharmaceuticals, Inc.
9715 Key West Avenue
Rockville, MD 20850
privacy@supernus.com
www.supernus.com/contact-us
Toll Free: 844-751-8954
For privacy-specific inquiries, please include “Privacy Request” in the subject line.
Copyright 2026 by Supernus Pharmaceuticals, Inc.
All rights reserved.
Last Updated: February 16, 2026
ATTENTION: PLEASE READ ALL OF THESE PROVISIONS (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE OR DOWNLOAD ANY MATERIALS FROM THIS SITE.
The Site and Its Use
Welcome to our website (the “Site”). This Site is owned and operated by Supernus Pharmaceuticals, Inc. Please feel free to browse the Site, however, your access and use of the Site is subject to these Terms and all applicable laws. Supernus reserves the right to restrict access or change the Site at any time in the exercise of its discretion. All Supernus websites are intended for residents of the United States of America.
Disclaimer
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. SUPERNUS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
The use of this Site is subject to the Terms contained herein, specifically including the following:
Changes to These Terms
Supernus may update these Terms from time to time. You are advised to review these Terms periodically for any changes. Your continued use of the Site after any updates or revisions indicates your acceptance and agreement to be bound by such Terms.
Contact Us
If you have any questions about these Terms, please contact us in writing at the following address:
Supernus Pharmaceuticals, Inc.
9715 Key West Avenue
Rockville, MD 20850
info@supernus.com
Copyright 2026 by Supernus Pharmaceuticals, Inc.
All rights reserved.
