July 26, 2008
Attorney General Bill McCollum News Release
May 20, 2008
  en Español

Media Contact: Sandi Copes
Phone: (850) 245-0150

Florida Attorney General Files $58 Million Multistate Judgment to Resolve Three-Year Investigation into Merck Pharmaceutical

~ Company was under investigation for marketing of anti-inflammatory drug ~


TALLAHASSEE, FL - Attorney General Bill McCollum today filed a stipulated consent judgment with Merck and Company, Inc. resolving a three-year investigation that targeted the company’s promotion of the prescription drug Vioxx. The agreement provides $58 million to the 30 participating states, of which Florida’s share will be more than $3.5 million. The judgment, filed today in the Broward County Circuit Court and pending court approval, will largely restrict Merck’s ability to promote any Merck product in a manner that may be deceptive.

“The comprehensive relief obtained for consumers is outstanding and addresses all concerns identified over the last three years,” said Attorney General McCollum.

The investigation was conducted by a multistate group into Merck’s allegedly aggressive promotion of Vioxx, a non-steroid anti-inflammatory used to treat joint pain. Allegations focused on concerns that Vioxx was marketed directly to consumers before doctors had sufficient opportunity to gain experience with the drug and understand potential side effects. Other concerns raised included the potentially deceptive use of scientific data when marketing the prescription to physicians or the “ghost writing” of articles and studies. Vioxx was removed from the market in 2004.

Today’s judgment requires Merck to submit all “direct to consumer” television advertisements for pharmaceuticals to the Food and Drug Administration (FDA). The company must then wait for the FDA’s approval and comply with any suggested revisions and acceptance of the final product before running the advertisements. The judgment gives the FDA clear discretion and authority to make an assessment on all new Merck pain drugs.

The $58 million settlement is one of the largest amounts ever obtained by a consumer protection multistate group of Attorneys General in a pharmaceutical-related case. Florida’s share of the settlement funds may be used for consumer education and/or litigation, the consumer protection enforcement fund, or Florida’s or local consumer aid fund. A portion may also be used to reimburse the state for attorneys' fees and other costs of the investigation and litigation.

In addition to Florida, participating states include Arizona, Arkansas, California, Connecticut, District of Columbia, Hawaii, Idaho, Illinois, Kansas, Maine, Maryland, Massachusetts, Michigan, Nebraska, New Jersey, Nevada, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Tennessee, Vermont, Washington and Wisconsin. Florida was a member of the Executive Committee.

A copy of the consent judgment is available online at: http://myfloridalegal.com/webfiles.nsf/WF/MRAY-7ETM4D/$file/MerckConsentJudgment.pdf.