Just announced today: The Oregon Attorney General’s office led the way in a multi-state settlement with Merk over its marketing of Vioxx.  The settlement includes a payment of $58 million to the participating states. As well, the settlement requires Merk to get pre-approval of its advertising from the FDA.

Merck aggressively promoted Vioxx in direct consumer ads. Based on the Oregon press release, it looks like Merck’s marketeers may have been a tad…uh…aggressive.

No word on how the money from the settlement will be distributed.

Kudos to the folks in the Department of Justice consumer section for pushing.  Proper enforcement of consumer laws is especially important when a drug that can cause serious injury is oversold by a drug company.

David Sugerman

Boy, here’s some righteous indignation for you. I just saw the new attack ad in the Oregon Attorney General race. Greg MacPherson chose to run ads attacking John Kroger’s lack of qualifications. I previously explained that it was an interesting choice in this race, and that both were qualified for the position. I also made it clear that I wouldn’t take a position on the race.

I was wrong.

Rep. MacPherson’s ad demonstrates a lack of judgment and candor that leads me to think he would be a poor choice for AG. His attack ad is misleading, in that it implies that John Kroger has no experience practicing law. The ad compares Kroger to a newly-licensed driver who wants to drive a bus and a newly-minted M.D. who wants to perform surgery. The reality is that Kroger has substantial trial experience as a criminal prosecutor. That includes taking on Enron.

I had a few rules going into this whole Davids’ Blog thing, and one of the main ones is that this blog wouldn’t become a platform for what Davids think about political issues. Most every rule comes with exceptions, and this one is, well, no exception.

I’m not reluctant to call out politicians who are out to stain or damage the justice system. I’ve done it with wanna-be presidents and sitting presidents and former Attorney Generals.

When I saw that commercial today, I spit out the gag. I think all of Oregon deserves an attorney general who won’t try to mislead the voters.

That would be John Kroger.

David Sugerman

Interesting piece in Willamette Week covering the Oregon Attorney General race. I have met both candidates. Both are skilled, ethical, and professional. Both have the chops to serve as Attorney General. As my friend and colleague, Oregon trial attorney Mike Williams noted in the article, Greg Macpherson would no doubt be a good attorney general. But John Kroger has the potential to be a great one.

Interesting race because both candidates have great strengths.

This matters to average Oregonians because the Attorney General sets the agenda for the Oregon Department of Justice. Who is at the helm determines the Department’s priorities. I have a definite preference here. But it’s not as clear cut as many races–strong arguments can be made in support of either candidate.

Seems to me that this is one of those races that Oregonians can decide based on the merits. I imagine that the candidates’ voters pamphlet statements and supporters’ statements will be important in how this one comes out. But make no mistake. It matters.

David Sugerman