Pfizer being investigated by Justice Department

The fact that FDA panel that reviewed Cox-2 drugs like Vioxx, Celebrex, Bextra, Arcoxia, and Prexige was filled with as many as 10 members with strong financial ties to drugmakers under review (Merck and Pfizer) has made almost everyone doubt the validity of the vote. (Related article: Vioxx, Bextra recommendations in doubt due to conflict of interest of panel members) How can you trust a panel member to make a fair recommendation when s/he has received monetary compensation from a drug company and hopes to receive money in the future too? While many are calling for the FDA to ignore the recommendations of the panel due to conflicts of interest, it is unlikely that it will happen considering that FDA has been hijacked by the drug industry. (Related article: Vioxx recall controversy heats up in Canada too)

In the meantime, Merck is not alone in being sued by Vioxx victims. Its rival, Pfizer, the maker of Celebrex and Bextra has disclosed that, like Merck, it is also being investigated by various government agencies. In a Form 10-K filing with the Securities and Exchange Commission (SEC), Pfizer says that it has "received requests for information and documents from the U.S. Department of Justice and a group of state attorneys general concerning the marketing of Bextra and Celebrex. The Department of Justice and the attorney general group have also recently sought information and documents relating to the safety of both products."

It is important to point out that the FDA warned Pfizer for running misleading advertisements for both Celebrex and Bextra. Similarly, while the FDA panel recommended that both Celebrex and Bextra be allowed to stay on the market with black-box warnings, despite their serious side effects, the controversy is not settled yet since many scientists and consumer rights group are not convinced that these drugs should be on the market at all. (Related article: Making sense of FDA panel recommendations on Vioxx, Celebrex, and Bextra)

No wonder then that Pfizer is reporting that "Additional suits, including purported class actions, alleging injury as the result of the use of Celebrex and Bextra have been filed in late 2004 and early 2005." The disclosures by Pfizer in its 10-K report continue, "A number of purported class actions recently have been filed against Pfizer in the U.S. and in Canada alleging consumer fraud as the result of false advertising of Celebrex and Bextra and the withholding of information from the public regarding the alleged safety risks associated with Celebrex and Bextra. The plaintiffs seek damages in unspecified amounts for economic loss." (Related article: Celebrex attorneys actively seek plaintiffs)

Like Merck, Pfizer is also being sued by shareholders and participants in its retirement (ERISA) plan. The charges include that Pfizer and certain officers of Pfizer violated federal securities laws by misrepresenting the safety of Celebrex and Bextra and that officers violated laws by selecting and maintaining Pfizer stock as an investment alternative when it allegedly no longer was a suitable or prudent investment option.

Recommended article: Celebrex, Bextra have same risks as Vioxx, argues Merck

Source: SEC