The lawsuit was filed in the US District Court of Florida, Jacksonville Division, alleging violations of state consumer protection statutes, breach of warranty, and unjust enrichment. The lawsuit seeks punitive damages from Merck and Schering-Plough for their marketing and sale of cholesterol lowering drugs Vytorin and Zetia.
Under state and federal consumer protection laws, both Merck and Schering-Plough would have to refund overpayments, since generic statin drugs can be obtained for approximately 1/3 of the cost of the brand name drugs. Both companies would also face punitive damages.