Consumers who took Zetia or Vytorin may get refund

If you took the cholesterol-lowering drugs Zetia or Vytorin in recent years, you may be able to get some of your money back. The manufacturers Merck and Schering-Plough have agreed to a proposed $41.5 million class action settlement over charges they violated consumer protection laws by marketing the drugs as being superior to other cholesterol drugs and selling them at higher prices when, in fact, they are not more effective. Merck and Schering-Plough deny any wrongdoing.

Vytorin has been under fire since last year, when two studies cast doubt on the benefits of the drug, which is a combination of Schering-Plough’s Zetia and Merck’s Zocor. The first was a 2-year study that showed Vytorin was no better than Zocor alone in reducing plaque build-up in arteries. The second was a five year study that showed Vytorin did not reduce strokes or heart attacks compared to placebo, and more alarmingly was associated with a higher incidence of cancer and death from cancer. Earlier this year, the Food and Drug Administration said in a controversial decision that people should continue to take Vytorin because it lowers LDL or "bad" cholesterol more than Zocor alone.

Under the terms of the settlement, which was granted preliminary approval by the U.S. District Court for the District of New Jersey, Merck and Schering-Plough will pay $41.5 million to consumers and insurance companies that paid for or provided reimbursement for either Zetia or Vytorin from November 1, 2002 through September 17, 2009. Approximately $12.45 million will go to consumers and the remaining $29.05 million will go to insurance companies. The amount of money consumers will get depends on how much they paid for the drugs and how many claims are filed.

To get a payment, consumers must file a claim form by April 1, 2010. The court will hold a hearing February 8, 2010 to determine if the proposed settlement is fair and adequate.For information about the proposed settlement and how you can file a claim, visit www.vytorinzetiasettlement.com/.

To learn more about cholesterol-lowering drugs and how you can save money if you are currently taking one, read our free Best Buy Drug report on statins to see which ones we recommend.

—Steve Mitchell, associate editor, Consumer Reports Best Buy Drugs

You might also be interested in these articles about Vytorin and Zetia from our chief medical advisor, Dr. Marvin Lipman: Zetia: Down for the count? and Put Vytorin back—way back—on the shelf.