Attorneys general settle Vioxx investigation
Merck & Co. Inc. has agreed to pay $58 million to 29 states and the District of Columbia in a settlement announced yesterday, which includes more than $1.3 million to be paid to the state of Iowa. The three-year investigation concerned the company’s allegedly deceptive promotion of the drug Vioxx. The Iowa attorney general’s office can use the funds for consumer litigation and education.
The multistate judgment imposes strong restrictions on Merck’s ability to deceptively promote any of its products, Iowa Attorney General Tom Miller said. It also requires Merck to submit all “direct to consumer” television drug advertisements to the Food and Drug Administration, wait for approval and comply with FDA comments before broadcasting the advertisements.
The case revolved around Merck’s aggressive marketing of Vioxx to consumers and health-care professionals as a safe and effective treatment of pain for arthritis sufferers, and failure to pull the product and cease making the claims after learning of study results concluding that taking the medication increased the risk of heart attacks and other adverse cardiovascular events.
Consumers have until June 30 to file a claim in a separate civil action against the company. The company reported more than 45,000 claims had been filed as of March 1, and last year recorded a pre-tax charge of $4.85 billion in anticipation of settlements.
Merck officials said in a press release yesterday that the company acted in good faith regarding the marketing of the drug and that it “intended to fully comply with relevant regulations.”