News
CT to receive $1.35 million in nationwide settlement over deceptive Vioxx marketing
By Attorney General's office
May 20, 2008 - 2:50:40 PM

Attorney General Richard Blumenthal today announced that Merck has agreed to federal oversight of future TV ads for all its medications and will pay Connecticut $1.35 million for deceptive marketing of its drug Vioxx.

The money is part of a $58 million settlement between Merck, 29 states and the District of Columbia for Vioxx advertising that violated consumer protection laws by failing to inform consumers that the drug increased the risk of stroke and heart attack. The settlement ends a 3-year joint investigation of the drug maker’s aggressive marketing of Vioxx, which the company withdrew in 2004.

In addition to payments to the states, Merck agreed to allow the FDA to review all future TV commercials for its medications. The agreement obligates Merck to make any changes sought by the FDA. Blumenthal and fellow attorneys general sought the advertising restrictions because Merck’s aggressive early marketing of Vioxx led to significant side effects. Department of Consumer Protection (DCP) Commissioner Jerry Farrell, Jr. approved the settlement.

Blumenthal said, “In a historic, groundbreaking step, Merck must seek FDA approval for all TV commercials, comply with its criticisms and assure accurate ads as side effects become fully known. The huge benefit for consumers is to dramatically raise the bar for drug advertising -- profoundly significant because direct-to-customer commercials are so pervasive.

“This agreement’s potent prescription against deceptive and dangerous drug advertising better protects consumers from misleading pitches like Merck’s for Vioxx. Merck’s overly aggressive early ad campaign for Vioxx misled doctors and consumers, prompting heavy use before deadly side effects emerged. As a result, hundreds of thousands of consumers rushed to the drug before its dangers were fully understood, leaving them at increased risk of heart attack and stroke.”

Blumenthal added, “Effective TV advertising may stampede consumers to a product, trampling reason and prudence -- as happened with Vioxx -- especially dangerous with a powerful new drug. Manufacturers of new medications must give doctors and patients an opportunity to understand their efficacy and side
effects.”

Farrell said, “Aggressive marketing techniques, combined with deceptive use of scientific data, are not in patients’ best interest. Merchandising must never be given higher priority than patient care and well-being.”

The agreement also prohibits or curtails other marketing practices, including:

• Deceptive use of scientific data when marketing drugs to doctors;

• Ghost writing of medical journal articles or studies;

• Failure to disclose Merck promotional speakers’ conflicts of interest and ties to the company;

• Conflicts of interest on Merck-sponsored Data Safety Monitoring
Boards.

Other states participating in the settlement are: Arizona, Arkansas, California, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont, Washington and Wisconsin.

© Copyright by StamfordPlus.com