Is Merck ethical?

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Corporate conduct Confirmed Against

Merck suppressed Vioxx safety data

Merck suppressed important safety information about Vioxx, enabling it to be purchased at a grossly inflated price by end-payors.

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laed.uscourts.gov
Merck's omission, suppression, and concealment of this important information enabled Vioxx to be sold to, and purchased, or paid for by, the End-Payors at a grossly inflated price.
Merck intentionally, recklessly, and/or negligently concealed, suppressed, omitted, and misrepresented the dangers, defects, and disadvantages of Vioxx, and advertised, promoted, Case 2:05-md-01657-EEF-DEK Document 64784 Filed 01/03/14 Page 2 of 28

Corporate conduct Allegation Against

Merck is accused of introducing Vioxx for unapproved rheumatoid arthritis use

Merck is accused of introducing and delivering Vioxx for an unapproved use in treating rheumatoid arthritis, violating the FDCA.

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justice.gov
11(c)(1)(C) (the "Plea Agreement") to an Information to be filed in United States of America v. Merck Sharp & Dohme Corp., Criminal Action No. [to be assigned] (District of Massachusetts) (the "Criminal Action"), that will allege a violation of Title 21, United States Code Sections 33l(a), 333 (a)(1), 352(f)(1), to wit, that Merck introduced and caused the delivery for introduction into interstate commerce of quantities ofVioxx® for an unapproved use, namely the treatment of rheumatoid arthritis, which drug was misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act ("FDCA").

Workplace equity Confirmed Against

Merck pays pregnant female reps less

Merck is accused of systematically paying female sales reps less than male employees, especially those who are or were pregnant.

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govinfo.gov
Plaintiffs’ also claim that Merck has systematically paid female sales representatives , particularly those who were, are or had been pregnant, less than similarly situated male employees in all forms of compensation, including base pay, salary increases, and incentive compensation.

Corporate conduct Settlement Against

Merck settles for $58 million over deceptive TV drug ads

Merck reaches $58 million settlement to address deceptive TV drug advertising claims.

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web.archive.org
Mr Corbett said that in 1999 Merck had launched “an aggressive and deceptive advertising campaign which misrepresented the safety and improperly concealed the increased risks associated with Vioxx.” Hundreds of thousands of consumers demanded prescriptions for the drug before doctors had a chance to understand the side effects, he added.
oag.ca.gov
“Merck’s aggressive television advertising convinced hundreds of thousands of consumers to seek Vioxx prescriptions before the drug’s risk were fully understood,” Attorney General Brown said.
$58 Million Merck Settlement To Change Deceptive TV Drug Adv…
$58 Million Merck Settlement To Change Deceptive TV Drug Advertisements
$58 Million Merck Settlement To Change Deceptive TV Drug Advertisements | State of California - Department of Justice - Office of the Attorney General

Corporate conduct Settlement Against

Merck was fined $650 million for fraudulent price reporting

Merck fined $650 million for fraudulent price reporting | Healthcare Finance News.

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law.georgia.gov
In addition to the monetary recovery, Merck has entered into a Corporate Integrity Agreement with the United States Department of Health and Human Services which will govern its future dealings with the Medicare and state Medicaid programs.
healthcarefinancenews.com
Merck fined $650 million for fraudulent price reporting | Healthcare Finance News
Under two whistleblower settlement agreements, the Merck Company will pay more than $650 million to the U.S. Department of Justice and 49 individual states.
Merck fined $650 million for fraudulent price reporting
justice.gov
Merck has entered into or will be entering into separate settlement agreements, described in Paragraph l(b) below (hereinafter referred to as the "Medicaid State Settlement Agreements") with certain states and/or the District of Columbia in settlement of the Covered Conduct and the State Alleged Medicaid Conduct.
The United States also contends that it has certain administrative claims against Merck as specified in Paragraphs 3 through 5 below, for engaging in the Covered Conduct.
law360.com
By Ben James ( February 7, 2008, 12:00 AM EST) -- Merck & Co. will pay more than $650 million to settle False Claims Act suits that accused the company of overcharging Medicare and paying kickbacks to doctors to get them to dispense the drugs Mevacor, Vioxx, Zocor and Pepcid....
Merck To Pay $650M To Settle Kickback, Pricing Suits - Law360
nbcnews.com
Merck, however, was hiding the steep discounts it gave to hospitals by reporting higher prices to the government, prosecutors said.

Climate & energy Settlement Against

Merck settles for chemical spill pollution

Merck settled with the U.S. Justice Department over a 2000s chemical spill at its West Point facility.

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inquirer.com
Pennsylvania’s water pollution rules have been a source of frustration for Merck since at least the mid-2000s, when the drugmaker had a chemical spill at its West Point facility and had to pay millions of dollars as part of a civil settlement with the U.S. Justice Department.

Corporate conduct Recall Against

Merck recalls BANAMINE® due to particulate matter

Merck voluntarily recalled three lots of BANAMINE®-S injection in the U.S. due to presence of particulate matter.

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fda.gov
Merck Animal Health Issues Voluntary Recall for Three Lots of BANAMINE® / BANAMINE®-S (Flunixin Meglumine Injection) in the U.S., Due to Presence of Particulate Matter
Merck Animal Health Issues Voluntary Recall for Three Lots of BANAMINE® / BANAMINE®-S (Flunixin Meglumine Injection) in the U.S., Due to Presence of Particulate Matter | FDA
1, 2023 – Merck Animal Health, known as MSD Animal Health outside of the United States and Canada, a division of Merck & Co., Inc., Rahway, N.J., USA. (NYSE:MRK), is voluntarily recalling three batches of BANAMINE®/BANAMINE®-S (flunixin meglumine injection) 50 mg/mL in the United States, used for injection in cattle, swine and horses to the consumer level due to the presence of particulate matter.

Corporate conduct Recall Against

Merck recalls BANAMINE® due to particulate matter

Merck voluntarily recalled four additional lots of BANAMINE®-S injection over particulate matter concerns.

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fda.gov
29, 2023 – Merck Animal Health, known as MSD Animal Health outside of the United States and Canada, a division of Merck & Co., Inc., Rahway, N.J., USA (NYSE:MRK), is voluntarily recalling four additional batches of BANAMINE® / BANAMINE®-S (flunixin meglumine injection) 50 mg/mL in the United States, used for injection in cattle, swine and horses due to the presence of particulate matter.
Merck Animal Health Expands Voluntary Recall with Four Additional Lots of BANAMINE® / BANAMINE®-S (flunixin meglumine injection) in the U.S., Due to Presence of Particulate Matter | FDA
Merck Animal Health Expands Voluntary Recall with Four Additional Lots of BANAMINE® / BANAMINE®-S (flunixin meglumine injection) in the U.S., Due to Presence of Particulate Matter

Climate & energy Settlement Against

Merck agreed to pay $1,857,395 to settle allegations that the Kelco facility exceeded air pollution limits

In addition, Merck, the former owner of Kelco, has agreed to pay penalties of $1,857,395 to settle allegations that the facility exceeded air pollution limits for several years.

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epa.gov
In addition, Merck, the former owner of Kelco, has agreed to pay penalties of $1,857,395 to settle allegations that the facility exceeded air pollution limits for several years.
(San Francisco) -- Merck and Co. Inc. has agreed to pay more than $1.8 million in penalties and Monsanto Co.

Climate & energy Settlement Against

Merck & Co. agreed to pay a $1.5 million civil penalty to settle alleged violations of federal environmental laws at its pharmaceutical manufacturing facilities in Riverside

The settlement involving Merck & Co. concerns environmental violations.

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19january2021snapshot.epa.gov
Merck & Co., Inc. Settlement | Enforcement | US EPA
Merck will pay a civil penalty of $1.5 million to the United States within 30 days of the entry of the Stipulation.
Department of Justice today announced that Merck & Co. has agreed to pay a $1.5 million civil penalty to settle alleged violations of federal environmental laws at its pharmaceutical manufacturing facilities in Riverside and West Point, Pa.
epa.gov
Merck & Co., Inc. Settlement | US EPA
Merck will pay a civil penalty of $1.5 million to the United States within 30 days of the entry of the Stipulation.
Department of Justice today announced that Merck & Co. has agreed to pay a $1.5 million civil penalty to settle alleged violations of federal environmental laws at its pharmaceutical manufacturing facilities in Riverside and West Point, Pa.
(Washington, DC - September 28, 2011) The U.S. Environmental Protection Agency and the U.S. Department of Justice today announced that Merck & Co. has agreed to pay a $1.5 million civil penalty to settle alleged violations of federal environmental laws at its pharmaceutical manufacturing facilities in Riverside and West Point, Pa.
epa.gov
: : STIPULATION AND ORDER BETWEEN PLAINTIFF UNITED STATES OF AMERICA AND DEFENDANT MERCK & CO., INC. WHEREAS, Plaintiff United States of America, on behalf of the United States Environmental Protection Agency (“EPA”), has filed a complaint in this action (“Complaint”) pursuant to Sections 309(b) and (d) and Section 311(b)(7) of the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977 and the Water Quality Act of 1987 (the “Clean Water Act” or “CWA”), 33 U.S.C.
COMPLAINT
law360.com
By Kaitlin Ugolik ( September 28, 2011, 5:09 PM EDT) -- Merck & Co. Inc. agreed Wednesday to pay a $1.5 million civil penalty to settle claims that it failed to prevent and report discharges of hazardous materials at two pharmaceutical manufacturing facilities in Pennsylvania, in violation of federal environmental laws....

Manufacturing Allegation You decide

Merck is accused of subcontracting jobs overseas

Merck is accused of subcontracting its members' jobs by contracting with foreign manufacturers to produce Janumet.

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govinfo.gov
The Union alleges that Merck subcontracted – i.e., outsourced – its members’ jobs by contracting with foreign manufacturers to produce Janumet and then Case 2:15-cv-05374-GAM Document 36 Filed 01/26/17 Page 2 of 12

Corporate conduct Confirmed Against

FDA's Arthritis Advisory Committee convenes for Vioxx label change

In February 2001, the FDA's Arthritis Advisory Committee convened to consider Merck's request to update the Vioxx label with VIGOR's gastrointestinal findings.

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law.cornell.edu
In February 2001, the FDA’s Arthritis Advisory Committee convened to consider Merck’s request that the Vioxx label be changed to reflect VIGOR’s positive gastrointestinal findings.

Corporate conduct Settlement Against

Merck agreed to pay $399 million plus interest to settle the Medicaid Rebate

Merck agreed today to pay $399 million plus interest to settle the Medicaid Rebate as well as the kickback allegations.

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cbsnews.com
Merck agreed Thursday to pay $399 million plus interest to settle the Medicaid Rebate as well as the kickback allegations.
healthcarefinancenews.com
Merck agreed to pay $399 million plus interest to settle the Medicaid Rebate and kickback allegations, officials said.
justice.gov
Merck agreed today to pay $399 million plus interest to settle the Medicaid Rebate as well as the kickback allegations.
These programs primarily consisted of excess payments to physicians that were disguised as fees paid to them for �training,� �consultation� or �market research.� In fact, the government alleged that these fees were illegal kickbacks intended to induce the purchase of Merck products.

Media & the press Ruling Against

A Minnesota jury found Merck liable in a mesothelioma lawsuit

A Minnesota jury has found Merck and several cosmetic talc manufacturers liable in a mesothelioma lawsuit.

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finance.yahoo.com
A Minnesota jury has found Merck and several cosmetic talc manufacturers liable in a mesothelioma lawsuit.

Corporate conduct Settlement Against

Merck settles over past drug ad practices

Merck reached a settlement ending 29 U.S. state and D.C. investigations into its previous drug advertising practices.

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web.archive.org
Mr Corbett said that in 1999 Merck had launched “an aggressive and deceptive advertising campaign which misrepresented the safety and improperly concealed the increased risks associated with Vioxx.” Hundreds of thousands of consumers demanded prescriptions for the drug before doctors had a chance to understand the side effects, he added.
The civil settlement ends investigations by 29 US states and the District of Columbia into Merck’s previous advertising practices for the drug.
In a statement published this week Merck acknowledged that it had reached civil settlements “to resolve previously disclosed investigations under state consumer protection laws related to past activities for Vioxx.” The company said that it had “acted in good faith and that the company’s activities in support of Vioxx were intended to fully comply with relevant regulations.”

Corporate conduct Recall Against

Merck recalls Temodar and Temozolomide bottles

Merck recalled Temodar and Temozolomide bottles with cracked caps due to child-resistant closure failure.

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cpsc.gov

Merck Recalls Temodar and Temozolomide Bottles with Cracked Caps Due to Failure to Meet Child-Resistant Closure Requirement

Merck Recalls Temodar and Temozolomide Bottles with Cracked Caps Due to Failure to Meet Child-Resistant Closure Requirement

Wages & economic policy Official statement You decide

Merck spent significant resources supporting the 2017 Republican Tax Law through lobbying disclosures

Lobbying disclosures show Merck spent significant resources supporting the bill, and Merck’s former CEO Kenneth Frazier repeatedly pressed decision-makers on taxes.7 Following a January 2017 meeting with.

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finance.senate.gov
Lobbying disclosures show Merck spent significant resources supporting the bill, and Merck’s former CEO Kenneth Frazier repeatedly pressed decision-makers on taxes.7 Following a January 2017 meeting with
Lobbying disclosures show Merck spent significant resources supporting the bill, and Merck’s former CEO Kenneth Frazier repeatedly pressed decision-makers on taxes.7 Following a January 2017 meeting with President Trump, Mr. Frazier said he and other pharmaceutical executives and lobbyists had focused their discussion on tax policy.8 Following a February 2017 meeting between President Trump and manufacturing CEOs, Mr. Frazier again said they had discussed changes to the tax code.9 The February meeting came shortly after Mr. Frazier signed a letter to House and Senate leadership supporting the push for new tax legislation.10 The letter Mr. Frazier signed was organized by a group—American Made Coalition—that Merck was a member of and that was formed specifically to advocate for changes to tax law.11 Additionally, in December 2017, after the Senate first passed the tax law, Merck was listed in a Senate Finance Committee press release as supporting the legislation.12
finance.senate.gov
Lobbying disclosures show Merck spent significant resources supporting the bill, and Merck’s former CEO Kenneth Frazier repeatedly pressed decision-makers on taxes.7 Following a January 2017 meeting with President Trump, Mr. Frazier said he and other pharmaceutical executives and lobbyists had focused their discussion on tax policy.8 Following a February 2017 meeting between President Trump and manufacturing CEOs, Mr. Frazier again said they had discussed changes to the tax code.9 The February meeting came shortly after Mr. Frazier signed a letter to House and Senate leadership supporting the push for new tax legislation.10 The letter Mr. Frazier signed was organized by a group—American Made Coalition—that Merck was a member of and that was formed specifically to advocate for changes to tax law.11 Additionally, in December 2017, after the Senate first passed the tax law, Merck was listed in a Senate Finance Committee press release as supporting the legislation.12
Lobbying disclosures show Merck spent significant resources supporting the bill, and Merck’s former CEO Kenneth Frazier repeatedly pressed decision-makers on taxes.7 Following a January 2017 meeting with
finance.senate.gov
Lobbying disclosures show Merck spent significant resources supporting the bill, and Merck’s former CEO Kenneth Frazier repeatedly pressed decision-makers on taxes in 2017.11 Following a January
Lobbying disclosures show Merck spent significant resources supporting the bill, and Merck’s former CEO Kenneth Frazier repeatedly pressed decision-makers on taxes in 2017.11 Following a January 2017 meeting with President Trump, Mr. Frazier said he and other pharmaceutical executives and lobbyists had focused their discussion on tax policy.12 Following a February 2017 meeting between President Trump and manufacturing CEOs, Mr. Frazier again said they had discussed changes to the tax code.13 The February meeting came shortly after Mr. Frazier signed a letter to House and Senate leadership supporting the push for new tax legislation.14 The letter Mr. Frazier signed was organized by a group—American Made Coalition—that Merck was a member of and that was formed specifically to advocate for changes to tax law.15 Additionally, in December 2017, after the Senate first passed the tax law, Merck was listed in a Senate Finance Committee press release as supporting the legislation.16 The American public deserves to understand why Merck, a multinational pharmaceutical corporation with annual sales of $48 billion, paid a lower tax rate than a postal service worker or a preschool teacher.

Climate & energy Confirmed In favor

Merck electrifies boilers to cut emissions

Merck plans boiler electrification to reduce annual NOx, particulate matter, and other pollutant emissions by 90% and 96% respectively.

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dep.nj.gov
All of Merck’s boilers are over 20 years old, past their useful lives, inefficient, and prime for replacement.63 According to Merck’s permit, boiler electrification could abate 133 tons of NOx, 211.5 tons of particulate matter, 237.7 tons of SO2, 79.2 tons of carbon monoxide, and 30.9 tons of VOCs annually.64 This is a 96% reduction in Merck’s particulate matter emissions and 90% reduction in Merck’s NOx emissions.

Corporate conduct Confirmed Against

FDA sends Merck warning letter

The FDA sent Merck a warning letter released to the public on September 21, 2001.

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law.cornell.edu
The FDA sent Merck a warning letter released to the public on September 21, 2001.

Workplace equity Allegation Against

Employees of Merck filed discrimination charges with the Equal Employment Opportunity Commission

Procedural Background Allegations of racial discrimination against Merck were initially part of a proposed class action, which began on July 6, 1998, when Julius Webb and Ernest Thomas, two Merck employees, filed charges with the Equal Employment Opportunity Commission (“EEOC”).

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govinfo.gov
Procedural Background Allegations of racial discrimination against Merck were initially part of a proposed class action, which began on July 6, 1998, when Julius Webb and Ernest Thomas, two Merck employees, filed charges with the Equal Employment Opportunity Commission (“EEOC”).