Kentucky law firm Getty & Mayo filed a consumer fraud class action lawsuit against Merck & Company, alleging that the company deceived consumers by promoting the popular arthritis drug Vioxx in its advertising as a safe and reliable painkiller, when it knew there were safety risks associated with the use of the drug, the law firm said in a press release today.

“In essence, you have a company that knew of significant risks and yet failed to clearly and effectively warn physicians and consumers,” Richard Getty, Getty & Mayo’s founder and partner, said in a press release. “Adding some vague language to the labeling does not constitute adequate disclosure in our opinion, especially when Merck continued to invest over $100 million per year in advertising touting the benefits and safety of Vioxx,” he said.

Vioxx was pulled from all worldwide markets on September 30, 2004 by Merck after a study confirmed that it increases a patients’ risk of heart attack and stroke.

“Not only did these people put themselves at risk, they also invested their money in a dangerous drug and in doctor visits,” noted Mason Miller, an attorney with Getty & Mayo. “We are not seeking compensation for personal injury in this suit. However, we are asking that Merck repay their patients for what they spent on Vioxx and on visits to their doctors. We believe that Merck defrauded the public and violated the Kentucky Consumer Protection Act. They should be held accountable for their decision to put sales ahead of safety,” Miller said.

(via PR Newswire)