Oregon AG Files $8 Million Settlement With Bayer Corporation

Under the judgment, $600,000 will be deposited into the Oregon Department of Justice Consumer Protection and Education Fund.

Attorney General Hardy Myers Tuesday filed an $8 million consent general judgment with Bayer Corporation over its misleading marketing of Baycol, a drug used to lower cholesterol that was withdrawn from the market on August 7th, 2001

(SALEM) - Attorney General Hardy Myers Tuesday filed an $8 million consent general judgment with Bayer Corporation over its misleading marketing of Baycol, a drug used to lower cholesterol that was withdrawn from the market on August 7th, 2001.

The judgment, filed in Marion County Circuit Court, is part of a 30-state action with Oregon and Michigan as co-leaders of the Executive Committee.

The settlement requires the drug manufacturing giant to register its clinical trials on a national website and post the study results.

Registration of clinical studies and timely posting of study results ensures that all material information from clinical trials are made available to doctors and consumers, not just studies with positive outcomes.

The judgment admits no law violation.

“This significant agreement will bring transparency to drug research and will help ensure that prescription drugs are selected based on scientific evidence and not aggressive marketing,” Myers explained. “Oregon is proud to be out front of an ongoing effort by Attorneys General to fill the void left by the lack of federal leadership in this area.”

Bayer introduced Baycol, a “statin” cholesterol-lowering drug, into the United States market in 1998.

All statins carry a known risk of myopathy (a weakening of the muscles) and rhabdomyolysis (a more serious muscular disease).

Through post-marketing surveillance of its product, Bayer learned that the risk for Baycol turned out to be significantly higher compared to other statins, particularly at higher doses and when combined with genfibrozil, another cholesterol-lowering drug.

The Attorneys General alleged that while Bayer informed the US Food and Drug Administration about these adverse effects, Bayer failed to adequately warn prescribers and consumers about them.

The judgment also requires Bayer to comply with all consumer protection law in the marketing, sale, and promotion of its pharmaceutical and biological products, and prohibits Bayer from making false and misleading claims relating to any such product sold in the United States.

Under the judgment, Bayer will pay the participating states a total of $8 million, $600,000 will be deposited into the Oregon Department of Justice Consumer Protection and Education Fund.

Consumers wanting information about this case and consumer protection in Oregon may call the Attorney General’s consumer hotline at (503) 378-4320 (Salem area only), (503) 229-5576 (Portland area only), or toll-free at (877) 877-9392.