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Bayer Sued Over Yaz Death, Blood Clots

By Jim Edwards | Jun 1, 2009

Attorneys in Ohio are gathering plaintiffs to sue Bayer over its Yaz birth control pill, claiming it causes potentially fatal blood clots. The suits come after Bayer reached an agreement with the FDA to run $20 million in corrective advertising after the company’s TV spots misleadingly claimed the pill could cure acne and PMS.

Although such suits are predictable — virtually all drugs attract suits from someone — the claims in Ohio are interesting because they allege that Yaz is a new combination of contraceptive chemicals that make it more dangerous than other pills. While the lawyers have so far gathered only a handful of cases, one of them is a death. The suit (which you can download here) states:

The difference between YAZ/Yasmin and other birth control pills on the market is that drospirenone has never before been marketed in the United States and is unlike other progestins available in the United States.

The suit also plays on Bayer’s history as a company that has repeatedly screwed up when it comes to marketing:

Defendants have been warned at least three times by the FDA; in 2003, 2008 and 2009, for misleading the public through the use of ads which overstate the efficacy of YAZ and/or its predecessor Yasmin, and minimize serious risks associated with the drug.

The claims are also reminiscent of those brought against Schering-Plough’s Nuvaring and Johnson & Johnson’s Orth Evra patch — that high doses of estrogen cause blood clots that can kill or give patients strokes.

Jim Edwards, a former managing editor of Adweek, has covered drug marketing at Brandweek for four years, and is a former Knight-Bagehot fellow at Columbia University's business and journalism schools. Follow him on Twitter or send him an email.

BNET User Analysis

Web Buzz:
  • New safety probe for Bayer contraceptive

    Fierce Pharma - 54 days 21 hours 1 minute ago

    Swiss officials are jumping into the debate over the safety of Bayer's (BAYRY) contraceptives, investigating a possible link between the deal of a woman from a blood clot 10 months after she was prescribed the low-dose pill Yaz. Both Swissmedic and an investigative judge are probing the death. The case comes at a time when Yaz and its sister...

  • Suits Claim Bayer's Yaz Caused 50 Deaths; Novel Theory of Blood Clot Causation

    BNET Pharma - 130 days 21 hours 15 minutes ago

    Bayer has been hit with four federal suits claiming its Yaz and Yasmin birth control pills caused 50 deaths, according to the National Law Journal. The cases were brought by Janet G. Abaray (pictured) and others, the same lawyers who won $68 million to settle hundreds of cases brought by women who suffered blood clots while using Johnson &...

  • Does Yaz correction signal a DTC shift?

    Fierce Pharma - 282 days 20 hours 5 minutes ago

    It's one of the strangest drug ads you'll probably ever see: An attractive young woman explaining why Bayer's birth control pill Yaz isn't all it's cracked up to be. Don't take Yaz thinking you'll get clearer skin or find yourself in a better mood come PMS time, the ads note. Never mind what our ads might have said before. The commercials are...

  • Why the Bayer-Yaz Settlement Will Not Change Drug Advertising Forever

    BNET Pharma - 278 days 18 hours 50 minutes ago

    Former Pfizer vp Dorothy Wetzel popped up in Ad Age today claiming that Bayer's corrective ad campaign for Yaz birth control "will cause drug companies to get way more conservative" with their advertising. "They're going to test and test and test their spots, and ultimately the advertising won't be as effective." In fact, this is not what the...

  • Bayer runs "corrective" Yaz ad, agrees to preclearance

    Medical Marketing and Media - 283 days 22 hours 55 minutes ago

    Bayer is shelling out $20 million to air a rare remedial TV ad campaign for its Yaz birth control pill as part of a settlement with FDA and 27 states over charges of deceptive advertising. Bayer also agreed to submit all ads to FDA for preclearance for the next six years.At issue are two spots from 2007 and 2008 that drew a warning letter from...

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