Pennsylvania Attorney General Corbett Announces a Multi-state, $58 Million Settlement...

Pennsylvania Attorney General Corbett Announces a Multi-state, $58 Million
Settlement With Merck Over Deceptive Advertising Concerning the Safety of
Vioxx

HARRISBURG, Pa., May 20 /PRNewswire-USNewswire/ -- Pennsylvania, along with 28
other states and the District of Columbia, reached a $58 million settlement,
the largest ever for a multi-state consumer protection drug case, with Merck
over allegations of deceptive advertising related to the drug, Vioxx.
Pennsylvania will receive more than $2.9 million.

Attorney General Tom Corbett said that in 1999, Merck allegedly launched an
aggressive and deceptive advertising campaign which misrepresented the safety
and improperly concealed the increased risks associated with Vioxx.

"Using Merck's Vioxx, which was a prescription pain relieving drug, carried an
increased risk of having a heart attack or another serious cardiovascular side
effect," Corbett said. "Merck allegedly knew about this, but continued to
misrepresent the safety of their product in their advertisements until they
finally admitted that Vioxx caused serious side effects and pulled the product
from the market in 2004."

Corbett said that early on, Merck aggressively marketed Vioxx directly to
consumers. This practice drove hundreds of thousands of consumers to seek
prescriptions for the drug before doctors had a chance to gain experience with
it and understand the side effects.

"Consumers need clear information about the risks associated with prescription
drugs so that they can make well-informed decisions about their health care,"
Corbett said. "This settlement addresses all of our concerns and will
restrict Merck's ability to deceptively promote any of their products."

Corbett also said that Merck allegedly engaged in "ghostwriting" positive
articles and studies relating to Vioxx.

"Ghostwriting can be a particularly deceptive practice," Corbett said. "Some
of these articles looked as though they were being published by an independent
doctor or organization, but they were allegedly written by people who worked
for, or had some sort of interest, in Merck."

Corbett said that after Vioxx was removed from the market in 2004, more than
25,000 private lawsuits were filed by consumers who were affected by the
product. But, unlike those suits, this agreement will force Merck to change
their practices.

As part of the settlement, Merck has agreed to:
-- Pay $58 million to the states involved.
-- No longer engage in "ghostwriting."
-- Refrain from using scientific data deceptively when marketing to
doctors.
-- Delay any direct-to-consumer television advertising for a pain
medication if recommended by the FDA.
-- Submit all television advertising campaigns to the FDA before release
for review and to adhere to any recommendations by the FDA.

In addition to Pennsylvania, this settlement includes Arkansas, Arizona,
California, Connecticut, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas,
Maine, Maryland, Massachusetts, Michigan, Nebraska, Nevada, New Jersey, North
Carolina, North Dakota, Ohio, Oregon, South Carolina, South Dakota, Tennessee,
Texas, Vermont, Washington, Wisconsin and the District of Columbia.

The agreement was filed in Commonwealth Court by Chief Deputy Attorney General
Thomas M. Devlin and Deputy Attorney General Nicole L. VanOrder of the
Attorney General's Health Care Section.

EDITOR'S NOTE: For a copy of the agreement, contact the Attorney General's
office at 717-787-5211.

CONTACT: Eric Shirk
Assistant Press Secretary
717-787-5211 (Cell) 717-480-0224
eshirk@attorneygeneral.gov

SOURCE Pennsylvania Office of Attorney General

Eric Shirk, Assistant Press Secretary, Pennsylvania Office of Attorney
General, +1-717-787-5211, or cell, +1- 717-480-0224,
eshirk@attorneygeneral.gov