Now Andrew Cuomo is getting into the act. The New York Attorney General has subpoenaed Merck and Schering-Plough for info to determine whether the drugmakers deliberately concealed any negative research from their controversial Vytorin clinical trial. He may have to get in line, though - the Senate Finance Committee and the House Energy & Commerce Committee are also investigatin the Vytorin controversy.

Cuomo’s investigation focuses on the “aggressive marketing” of the cholesterol med, as well as stock sales by company execs before the negative results were released on Jan. 14. The study showed that Vytorin, which combines Zetia and Zocor, was no more effective at reducing plaque in neck arteries than the much cheaper Zocor alone. New York’s Medicaid program has paid about $21 million for Vytorin in the past two years, according to Cuomo.

“We will investigate and, when appropriate, hold accountable drug companies for engaging in irresponsible and deceptive conduct and any deceitful marketing of prescription drugs,” Cuomo said in a statement e-mailed to Pharmalot. “Drug companies are on notice that concealing critical information about life-saving prescription drugs, profiting at the expense of patients’ health, and wasting taxpayer dollars, is simply unacceptable.”

As part of the investigation, Cuomo is seeking all documents concerning Vytorin marketing and advertising, as well as the Enhance trial itself; all communication between the drugmakers and their reps concerning the marketing of Vytorin and the Enhance trial; all documents and info about the compensation of company officers and directors, including incentive-based compensation; all communications with investors, analysts, or the investing public where references to Vytorin or the Enhance trial were made; all documents and info regarding disclosure or delay of disclosure of the results of the Enhance trial; and all documents and info about inside stock sales or options exercised.

Last September, by the way, the NY Attorney General sued Merck for fraudulently concealing and misrepresenting the risk of the pain-killer Vioxx and
causing tens of millions of taxpayer dollars to be unnecessarily spent by Medicaid.