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SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549
________________

FORM 8-K

Current Report
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934


Date of Report (Date of earliest event reported): March 25, 2004

ELI LILLY AND COMPANY

(Exact name of registrant as specified in its charter)

         
Indiana   001-06351   35-0470950
(State or Other Jurisdiction   (Commission   (I.R.S. Employer
of Incorporation)   File Number)   Identification No.)
         
Lilly Corporate Center        
Indianapolis, Indiana        
(Address of Principal       46285
Executive Offices)       (Zip Code)

Registrant’s telephone number, including area code: (317) 276-2000

     
No Change

(Former name or former address, if changed since last report)

 




TABLE OF CONTENTS

Item 5. Other Events
SIGNATURES
Press Release


Table of Contents

Item 5. Other Events

On March 25, 2004, Eli Lilly and Company (the “Company”) issued a press release announcing that the Company has been advised that the U.S. Attorney for the Eastern District of Pennsylvania has commenced a civil investigation relating to the Company’s marketing and promotional practices. A copy of this press release is attached hereto as Exhibit 99.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

         
  ELI LILLY AND COMPANY
(Registrant)
 
 
  By:   s/ Arnold C. Hanish    
    Name:   Arnold C. Hanish   
    Title:   Chief Accounting Officer   
 

Dated: March 25, 2004

 


Table of Contents

EXHIBIT INDEX

     
Exhibit Number
  Exhibit
99
  Press Release titled: U.S. Attorney’s Office in
  Pennsylvania Investigating Lilly’s Marketing Practices

 

exv99
 

(LILLY LOGO)


Eli Lilly and Company
Lilly Corporate Center
Indianapolis, Indiana 46285
U.S.A.

www.lilly.com


Date: March 25, 2004

For Release: Immediately
Refer to: (317) 276-5795 — Terra L. Fox

U.S. Attorney’s Office in Pennsylvania Investigating Lilly’s Marketing Practices

The office of the U.S. Attorney for the Eastern District of Pennsylvania has advised Eli Lilly and Company (NYSE: LLY) that it has commenced a civil investigation relating to the company’s marketing and promotional practices. Based on the information provided by the U.S. Attorney’s office, Lilly believes that the company products likely to be involved include Evista®, Prozac® and Zyprexa®. The company intends to cooperate with the U.S Attorney in this investigation.

The company cannot predict or determine the outcome of this matter. However, as previously stated in Lilly’s Form 10-K, in marketing practices investigations such as this, it is possible that an adverse outcome could have a material adverse impact on the company’s consolidated financial position, liquidity and results of operations.

Lilly, a leading innovation-driven corporation, is developing a growing portfolio of first-in-class and best-in-class pharmaceutical products by applying the latest research from its own worldwide laboratories and from collaborations with eminent scientific organizations. Headquartered in Indianapolis, Ind., Lilly provides answers — through medicines and information — for some of the world’s most urgent medical needs. Additional information about Lilly is available at www.lilly.com.

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Evista® (raloxifene hydrochloride, Lilly)
Prozac® (fluoxetine hydrochloride, Dista)
Zyprexa® (olanzapine, Lilly)