Healthy Skepticism Library item: 15984

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Publication type: news

Pettypiece S.
Merck and Schering-Plough Settle Vytorin Lawsuits (Update2)
Bloomberg.com 2009 Jul 15
http://www.bloomberg.com/apps/news?pid=20601103&sid=a0V9L1Mo94Y8

Full text:

Merck & Co. and Schering-Plough Corp. reached a settlement with attorneys general for 35 states over claims the companies improperly marketed their cholesterol pills Zetia and Vytorin.

The companies agreed to pay the states’ investigative costs of $5.4 million while making no admissions or other payments, said Merck, based in Whitehouse Station, New Jersey, and Schering-Plough, based in Kenilworth, New Jersey, in a statement today. The settlement also includes the District of Columbia. Merck is acquiring Schering-Plough for about $46 billion in a deal announced in March.

Merck disclosed in November that the states were investigating potential violations of consumer-protection laws. The investigations followed a study called Enhance showing that Vytorin, a combination of Zetia and Merck’s Zocor, may work no better at unclogging arteries than just Zocor. Zocor is available in generic form for a quarter of the cost of Vytorin, according to prices on the online retailer drugstore.com.

“Today’s agreement is consistent with our belief that the companies conducted the Enhance trial in good faith and that their promotion of Vytorin and Zetia was in compliance with the law,” said Bruce N. Kuhlik, Merck’s general counsel, in the statement.

Sales of Vytorin and Zetia, which Merck and Schering-Plough share, fell 23 percent last year to $4.5 billion, the companies said previously.

Merck rose 55 cents, or 2 percent, to $27.71 at 4 p.m. in New York Stock Exchange composite trading. Schering-Plough rose 45 cents to $25.37.