AG Said Company Failed To Warn About Dangers Of Baycol—

Blumenthal Secures Award Against Bayer

Hartford —Attorney General Richard Blumenthal and Department of Consumer Protection (DCP) Commissioner Jerry Farrell Jr, announced this week that Bayer will pay Connecticut $600,000 for allegedly failing to warn consumers about dangers associated with its cholesterol-lowering drug Baycol.

The money is part of an $8 million settlement between Bayer and 30 states, including Connecticut, over the company’s marketing of Baycol. Bayer removed the drug from the market in August 2001.

Baycol is a “statin,” a type of cholesterol-lowering drug. Statins carry the risk of myopathy — weakening of the muscles — and rhabdomyolysis — a more serious muscle disease that can damage kidneys and other organs — and cause death. Bayer learned after Baycol’s introduction that the drug was more likely than other statins to cause such ailments, especially when combined with genfibrozil, another cholesterol-reducing drug.

Bayer informed the Food and Drug Administration, but allegedly failed to adequately warn doctors and consumers about Baycol’s increased risk of muscle disease.

“Bayer is paying for misconduct hazardous to your health — after it failed to fully reveal rising risks of debilitating and potentially deadly muscle disease,” Mr Blumenthal said. “Although the product is deservedly gone, the message should be enduring. Drug companies must promptly inform physicians and consumers when they learn of dangers associated with their products. The company’s failure to inform doctors and patients of Baycol’s hazards was irresponsible and unforgivable. I will continue to vigorously and aggressively pursue drug company practices that put profits ahead of patient health.”

“Companies need to disclose the complete information about their products so that consumers can make a well-educated choice about products, particularly those related to their health and well-being,” Commissioner Farrell said. “Connecticut’s Unfair Trade Act clearly prohibits the withholding of such critical product information.”

The $600,000 is a forfeiture under the Connecticut Unfair Trade Practices Act and will go to the state’s General Fund.

Bayer denies any wrongdoing in the announced agreement.

Mr Blumenthal is part of the executive committee that negotiated the settlement. The other members are the attorneys general of Michigan, Oregon, Pennsylvania, and Vermont.

Other states participating in the settlement are: Arizona, Arkansas, California, Delaware, Florida, Idaho, Illinois, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, Montana, Nevada, North Carolina, Ohio, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, and Wisconsin.