Utah Settles Zyprexa Claims For $24 Million

The office of Utah's Attorney General Mark Shurtleff today announced that it had recently settled its illegal off-label marketing of Zyprexa claims with Eli Lilly for $24 million. Said Shurtleff's office in a press release:

"It is a crime for pharmaceutical manufacturers to market their drugs for uses that are not approved by the FDA. Zyprexa was only approved for the treatment of schizophrenia and certain types of bipolar disorder in adults, but in 1999, Lilly's long-term care sales force, its marketing branch that focuses on doctors who treat the elderly, began encouraging doctors to prescribe Zyprexa for dementia, Alzheimer's, agitation, aggression, hostility, depression and generalized sleep disorder without prior FDA approval. The Attorney General's investigation showed that there were 1,769 Medicaid patients over the age of 65 who took Zyprexa but never had a diagnosis of either schizophrenia or bipolar disorder."

If it's a crime why did Utah not pursue criminal penalties under state law? I wonder how many of those 1,769 elders died early as a result of Zyprexa use.