States Question Vioxx Refund Process

October 13, 2004
A group of state attorneys general aren't happy with Merck's procedure for giving refunds for consumers who've been using Vioxx, the popular painkiller that was withdrawn from the market nearly two weeks ago because it increases the risk of heart attack and stroke.

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The attorneys general also said Merck needs to give "adequate notice" of the recall program. they suggested the company give the same advertising treatment to the withdrawal as it did to promoting Vioxx. The company has run newspaper ads but has not scheduled any television ads about the withdrawal.

Merck has said that consumers who want a refund for unused Vioxx will have to return the unused pills and submit a receipt for the purchase. The AGs suggested the process is "unduly burdensome."

"Vioxx consumers are more likely than the general public to have mobility restrictions andother impairments that make returning the product difficult," the letter said. "While a standard envelope and 37-cent stamp is sufficient to submit a receipt and certification, to return unused Vioxx might require a trip to the post office, which might be difficult for an elderly person with severe arthritis."

Further, the AGs noted, some consumers may have been advised by their doctors to destroy unused portions of their Vioxx prescription.

The letter also suggested that consumers without a pharmacy receipt should be permitted to provide other forms of documentation, including a credit card receipt for an Internet purchase.

"Merck should provide a refund to all consumers who can provide reasonable proof of purchase of Vioxx in a quantity that makes it likely the consumer possessed unused Vioxx on September 30, 2004," the attorneys general said.

In the letter, the attorneys general of Oregon, Michigan, Connecticut, Massachusetts and Vermont said they are investigating whether their states' consumer protection laws were violated by the voluntary withdrawal of another drug from the market. They didn't name that drug but said the investigation is "relevant" to the Vioxx matter.

Merck in a statement that it will be "working cooperatively" with the attorneys general to "ensure that patients have access to both the information and the resources they need to ensure that they can easily receive a refund for their unused Vioxx."

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