For consumers who have taken Vytorin, here’s a good summary of the problem from the New York Times: http://www.nytimes.com/2008/01/15/business/15drug.html

Interestingly, the companies have apparently known since April 2006 that their higher-priced drugs were not more effective than generics. But they sat on that information until Congress pressured them to release their study this month. In the meantime, the manufacturers continued to sell the higher-priced less effective drugs.

I don’t routinely pay close attention to such things, but I have to wonder whether the companies ran some of those glossy TV ads for Vytorin. Sure would be interesting to see what they said. I suppose that will be part of the discussion as the various consumer class actions move forward.

One other thing. A google search also turned up a fairly hostile editorial in Wall Street Journal. According to the writer, these cases are inappropriate because no one has been injured. I guess the Journal is bound to side with its friends on Wall Street and not consumers. But you would think that even the Journal’s editorial writers could appreciate the obvious point.

Taking money from consumers by way of deceptive trade practices IS an injury. Sure, it’s not a big deal to the well-heeled at the Journal. But of course, if we’re talking about $30 per month per person, and you’re selling this thing everyday to consumers across the nation, that’s a lot of money. Maybe it looks too much like business as usual to the Journal?

David F. Sugerman

Coming on the revelations that Vytorin is no more effective than generics, the FDA announced that it would investigate the drug and its manufacturers,Merck & Co Inc. and and Schering-Plough Corp.

Here is the url for more information on FDA action: http://www.msnbc.msn.com/id/22847409/

The press accounts don’t specify the scope of the investigation, but based upon an earlier study released this month, it appears that the companies knew that Vytorin was no more effective than generic drugs in treating cholesterol issues.

Consumer laws, like Oregon’s Unlawful Trade Practices Act give consumers a way to obtain refunds when a drug manufacturer falsely represents that its new drug is more effective than a less expensive generic. While there is certainly more to this story, it looks as if consumers are filing class actions in multiple states.

David F. Sugerman

New studies released earlier this month raise troubling questions about the effectiveness of two prescript medications used to control cholesterol. The generic products Ezetimibe–marketed under the registered trademark Zetia–and Ezetimibe/Simvastatin–marketed under the registered trademark Vytorin–apparently aren’t effective, as represented by their manufacturers.

Disclosure: the author of this blog routinely handles consumer class actions and may become involved in this litigation in the future.

Consumers are lining up in various states to pursue claims for reimbursements and refunds for money spent on these drugs. According to a complaint filed in U.S. District Court of Kansas, the drugs are alleged to increase the formation of fatty plaques, which raises the risk of heart attack.

It’s going to be interesting to see how this plays out.

David F. Sugerman