The Wall Street Journal
Market Watch

 Aug. 8, 2011, 11:30 a.m. EDT

By Peter Loftus

The U.S. Justice Department has issued a subpoena to Merck & Co. MRK +0.97% as part of a criminal investigation into the marketing of certain drugs, Merck said Monday.

The drugs are Temodar, which treats brain tumors; hepatitis C treatment PegIntron; and Intron A, which treats certain cancers and other conditions.

The DOJ is seeking information about the marketing and selling activities for these drugs from 2004 to the present, Merck said. During most of that period, the drugs were marketed by Schering-Plough, which Merck acquired in 2009.

Merck of Whitehouse Station, N.J., disclosed the subpoena in a filing with the U.S. Securities and Exchange Commission Monday, saying it was part of a “federal health-care investigation under criminal statutes.”

Merck spokesman Ron Rogers said the company is cooperating with the probe, but couldn’t provide further comment.

Temodar sales totaled $481 million for the first six months of 2011, while PegIntron generated $319 million and Intron A had $96 million in sales.

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