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Healthy Skepticism Library item: 13699

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

 

Publication type: news

Merck Agrees to Settlement Over Vioxx Ads
The New York Times 2008 May 21
http://www.nytimes.com/2008/05/21/business/21vioxx.html?_r=2&partner=rssnyt&emc=rss&oref=slogin&oref=sloginhttp://


Full text:

The drug maker Merck has agreed to pay $58 million as part of a multistate settlement of accusations that its ads for the once-popular painkiller Vioxx deceptively played down the health risks.

The agreement, announced on Tuesday, also calls for Merck to submit all new television commercials for its drugs to the Food and Drug Administration for review.

The civil settlement ends investigations by 29 states and the District of Columbia into Merck’s advertising practices involving Vioxx, Pennsylvania’s attorney general, Tom Corbett, said.

Vioxx was taken off the market in 2004 after research showed it doubled the risk of heart attacks and strokes. That led to thousands of lawsuits against Merck, based in Whitehouse Station, N.J. A pending $4.85 billion settlement would end the bulk of those personal injury suits.

Thanks to aggressive marketing through direct-to-consumer television ads begun in 1999, hundreds of thousands of consumers demanded Vioxx prescriptions before doctors had a chance to understand the side effects, Mr. Corbett said.

An F.D.A. spokeswoman did not immediately return a telephone message on Tuesday seeking comment.

Merck is not admitting any wrongdoing under the settlement and defended its marketing of Vioxx in a statement on Tuesday.

The agreement calls for Merck to submit all new television commercials for its drugs to the agency for seven years. The F.D.A. is to review them, and Merck is to abide by any changes the agency recommends. For a 10-year period, Merck must also comply with any F.D.A. recommendations to delay television ads for newly approved pain medications.

 

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...to influence multinational corporations effectively, the efforts of governments will have to be complemented by others, notably the many voluntary organisations that have shown they can effectively represent society’s public-health interests…
A small group known as Healthy Skepticism; formerly the Medical Lobby for Appropriate Marketing) has consistently and insistently drawn the attention of producers to promotional malpractice, calling for (and often securing) correction. These organisations [Healthy Skepticism, Médecins Sans Frontières and Health Action International] are small, but they are capable; they bear malice towards no one, and they are inscrutably honest. If industry is indeed persuaded to face up to its social responsibilities in the coming years it may well be because of these associations and others like them.
- Dukes MN. Accountability of the pharmaceutical industry. Lancet. 2002 Nov 23; 360(9346)1682-4.