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US Aids group to sue Pfizer over Viagra ads
Breaking Legal News | 2007/01/22 04:59

A major U S AIDS treatment group plans to file a lawsuit today that accuses drug giant Pfizer Inc. of illegally promoting recreational use of its impotence pill Viagra. The AIDS Healthcare Foundation told Reuters it wants Pfizer to be barred from marketing Viagra as a lifestyle or sexual enhancement drug. The nonprofit organization said Pfizer's actions had led to risky behavior by men and an increase in HIV and other sexually transmitted diseases.

"Pfizer has created and contributed to the perception of Viagra as a safe, sexy, lifestyle, recreational drug, to be frequently used regardless of the degree, or even existence of" erectile dysfunction, the group said in draft legal documents.

Pfizer, the world's largest drug maker, said it was committed to appropriate Viagra use and urged men to see a doctor for a proper diagnosis. The drug is sold by prescription.

The AIDS Healthcare Foundation, in its legal arguments, pointed to several Viagra promotions from recent years, including a 2005 newspaper ad that featured a smiling man asking, "What are you doing on New Year's Eve?"

Another ad that ran near the 2006 Super Bowl urged men to "Be this Sunday's MVP" and ask their doctors about Viagra.

Pfizer's Viagra website asks readers, "Want to improve your sex life?" and says the drug can help men who have erection difficulties "once in a while."

Healthcare foundation president Michael Weinstein said the promotions made Viagra sound like a "party drug" that can make sex more pleasurable for healthy men -- a claim the Food and Drug Administration has not approved.

Men in the ads also look much younger than Pfizer's earlier Viagra pitchman, former Kansas Senator Bob Dole, who is now 83, he said.

"Bob Dole has been replaced by the hunky 40-something guy who looks like he can really have a good time," Weinstein said in an interview. "The message they are sending out is that any and every male should take it," he said.

Studies show evidence of recreational Viagra use among men who have sex with men, sometimes to overcome the erection-inhibiting effects of alcohol or street drugs such as ecstasy and crystal methamphetamine, the AIDS Healthcare Foundation said.

The group asked Pfizer repeatedly to alter its ads, Weinstein said.

In 2004, the FDA objected to a television commercial suggesting Viagra could return a man to the "wild thing" of his younger days. The FDA said the ad, showing a man sprouting devilish horns, made an unproven claim that men could regain a youthful level of sexual desire. Pfizer halted that campaign.

The AIDS Healthcare Foundation's lawsuit, to be filed in Los Angeles Superior Court, asks that Pfizer be prohibited from running similar messages and ordered to fund awareness ads about sexually transmitted disease risks and Viagra.

The suit also requests that Pfizer turn over profits gained from misleading ads and pay the AIDS Healthcare Foundation's costs of treating AIDS and other illnesses linked to Viagra use.

California-based AIDS Healthcare Foundation runs AIDS clinics in the United States, Africa, Latin America, the Caribbean, and Asia that provide medical care and services to more than 53,000 people even if they cannot pay.

Pfizer spokeswoman Shreya Prudlo said the company was not aware of the lawsuit. She said Pfizer "has always been committed to safe and appropriate use of Viagra" and that the drug's label and promotions stated "Viagra does not protect against sexually transmitted diseases, including HIV."

Sales of Viagra, known generically as sildenafil, reached $1.6 billion worldwide in 2005.



Prosecutor in Apple Case Joins Law Firm
Legal Business | 2007/01/21 14:20

Christopher J. Steskal, a lead prosecutor of a federal task force investigating the backdating of stock options at Apple Inc. and other companies, is leaving his San Francisco post to join a law firm, the United State Attorney’s office in San Francisco confirmed late Friday.

Mr. Steskal’s decision follows the recent resignation of his boss, United States Attorney Kevin V. Ryan.

Mr. Steskal also was the lead prosecutor in the government’s case against Gregory L. Reyes, the former chief executive of Brocade Communications Systems.

Mr. Steskal, who was to try Mr. Reyes’s case in June in San Francisco, is the second of five assistant United States attorneys on the task force to leave since its formation in July. He said he would join the San Francisco office of Fenwick & West within 30 days.

William J. Portanova, a criminal defense attorney and former federal prosecutor, said that he believed that the Brocade case would not suffer, no matter who is picked to succeed Mr. Steskal.

“The government has people stacked up ready to pick up the case and run with it,” he said.

Luke Macaulay, a spokesman for the United States Attorney’s office in San Francisco, said that one of two prosecutors the office is planning to hire would replace Mr. Steskal on the task force.



Iraqi draft oil law to offer oil transparency
International | 2007/01/21 05:02

An Iraqi cabinet-level committee proposed a draft law Friday that would allow the national government in Iraq to control oil revenues. Negotiations concerning the draft law have been a source of tension in Iraq for months as most Kurds and many Shiites want to retain control of the country's oil resources. On the other hand, Sunni Arabs, who do not dominate the oil-rich regions of the country, insist on central oversight.

Recent debate has centered on the establishment of a federal committee, called the Federal Oil and Gas Council, to review oil contracts. Kurds did not want to give the committee the power to "approve" contracts, so the draft law instead allows regions to initiate and guide the process of awarding oil contracts and gives the committee the power to review and reject contracts. The Iraqi cabinet and the country's parliament must approve the draft before it becomes law. If the draft passes, enforcement might prove difficult in Iraq's wartime environment.



Mexico extradites cartel kingpins to US
International | 2007/01/20 14:53

Mexico extradited drug kingpins Osiel Cardenas and Hector "El Guero" Palma and thirteen other major traffickers to the United States Friday as part of an effort by new Mexican president Felipe Calderon to follow through on a promise made by former President Vincente Fox to make increased extraditions to the US. Since taking office, Calderon has mobilized elite police and military forces against the rival Sinaloa and Gulf Cartels. Although the widely popular initiative is showing initial success, experts warn that Calderon must address the political and judicial corruption that allows cartels to run rampant in Mexico.

Kingpins are often able to continue running their organizations from within corrupt Mexican prisons, making the extradition of leaders a key tool for scaling back cartel activity. In November 2005, the Supreme Court of Mexico ruled that prisoners serving life sentences can be extradited abroad, overturning a 2001 decision that prevented such prisoners from answering to charges in the US insofar as punishment there might be cruel and unusual and not directed at rehabilitation of the prisoner. A 1978 treaty between the US and Mexico still prevents the extradition of prisoners who face the death penalty.



Jury deadlock in California Vioxx case leads to mistrial
Breaking Legal News | 2007/01/20 09:45

A jury in California could not reach a decision on the third of a series of questions on a verdict form in the consolidated cases of two men who blamed their heart attacks on the painkiller Vioxx, leading Judge Victoria Chaney of the Superior Court of California for Los Angeles County to declare a mistrial Thursday. The jury could not determine whether the plaintiffs' physicians would have recognized possible risks and side-effects of the drug. The lawsuits, brought by Arizona resident Lawrence Appell of Arizona and California resident Rudolph Arrigale, claimed that Vioxx was a significant cause of the men's heart problems.

Vioxx manufacturer Merck Pharmaceuticals, which withdrew the drug from the market in 2004 after research showed it doubled the risk of heart attacks and strokes, claimed that the men's heart problems were caused by pre-existing coronary heart disease, and not the drug. After the mistrial was declared, Merck announced that the plaintiffs did not prove their cases, and that they were ready to defend against the allegations if they were brought fourth again. As of the end of last November, Merck faced 27,200 lawsuits over Vioxx and another 265 potential state-based class-action lawsuits. A federal judge rejected national class-action lawsuits in federal court early in November.



Court steps into dispute over issue ads
Court Watch | 2007/01/20 09:43

The Supreme Court agreed yesterday to referee a challenge to limits on pre-election ads, a key provision of the landmark campaign finance law that the court upheld in 2003. The justices will hear an appeal of a lower court decision that relaxed restrictions on mentioning candidates by name in issue ads run by corporations, labor unions and other special interest groups near the climax of a campaign. The court will hear the case in April and almost certainly decide it by July, well before the first presidential voting takes place in the Iowa caucuses next January.

Issue ads are those that do not purport to influence an election, but rather focus attention on an issue their sponsors find important. A provision of the McCain-Feingold law prohibits mentioning a candidate in issue ads in the 60 days before a general election and 30 days before a primary.

Its purpose was to end the common practice of circumventing limits on contributions in federal elections by airing ads that avoided expressly advocating a vote for or against someone while making clear a preference for, or more often, disapproval of one candidate.



Supreme Court takes campaign issue ads cases
Law Center | 2007/01/20 05:03
The US Supreme Court Friday granted certiorari in five cases and ordered all briefings on a challenge to the limits on pre-election advertisements introduced as part of the Bipartisan Campaign Reform Act (BCRA) upheld by the Supreme Court in 2003 to be completed by April 18. The two consolidated cases, FEC v. Wisconsin Right to Life, Inc., et al. (06-969) and McCain, et al. v. Wisconsin Right to Life, Inc., et al. (06-970), stem from a District Court ruling that advocacy groups must be allowed to run issue ads in the two-months period immediately prior to elections.


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