DOW JONES NEWSWIRES 
 

Merck & Co. (MRK) and Schering-Plough Corp. (SGP) have agreed to pay $41.5 million to settle class-action lawsuits related to Vytorin and Zetia, two drugs related to their cholesterol joint venture.

Last month, the companies agreed to pay $5.4 million and comply with certain rules to settle a probe by 35 U.S. states and the District of Columbia into whether their handling of the Enhance study violated consumer-protection laws.

Merck's shares were recently up 0.6%, or 19 cents, at $30.03 in premarket trading. Schering-Plough was inactive.

The suits being settled make allegations about the safety and usefulness of Vytorin and Zetia based on the Enhance clinical trial, whose results were released in January 2008 and showed that Vytorin - a single-pill combination of Zetia and the drug simvastatin - was no better than simvastatin alone at slowing artery thickening. The companies came under criticism last year beacuse they waited nearly two years from the Enhance study's completion to release the results.

Merck general counsel Bruce N. Kuhlik said the settlements will allow the companies to avoid continuing costs related to defending the drugs and focus on developing new medicines.

The settlement will resolve all of the class-action lawsuits that seek economic damages related to the purchase of Vytorin and Zetia, the companies said. They have disclosed in the past more than 140 lawsuits pending in the U.S. District Court for the District of New Jersey.

Merck and Schering-Plough said the settlements aren't an admission of misconduct or liability related to the marketing or sale of the two drugs or the Enhance study.

The two companies have also faced separate lawsuits over their pending $47 billion merger, which remains on track to close during the fourth quarter.

-By Kerry Grace Benn, Dow Jones Newswires; 212-416-2353; kerry.benn@dowjones.com