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Merck Updates Status of VIOXX Litigation and SEC Inquiry

WHITEHOUSE STATION, N.J., Jan. 28, 2005 - Merck & Co., Inc. today provided an update regarding the status of certain litigation and the SEC inquiry relating to VIOXX.

The Judicial Panel on Multidistrict Litigation yesterday heard motions by various parties, including the company, to transfer for coordinated proceedings various pending product liability and shareholder actions relating to VIOXX. The company expects the Panel to make decisions regarding these motions in the next several weeks.

In addition, as previously disclosed, in November 2004 the company was advised by the staff of the Securities and Exchange Commission (SEC) that it was commencing an informal inquiry concerning VIOXX. Yesterday, the company received notice that the SEC has issued a formal notice of investigation relating to the matter. This action was not unexpected and the company will continue to cooperate with the SEC.

Forward-Looking Statement

This press release contains "forward-looking statements" as that term is defined in the Private Securities Litigation Reform Act of 1995. These statements involve risks and uncertainties, which may cause results to differ materially from those set forth in the statements. The forward-looking statements may include statements regarding product development, product potential or financial performance. No forward-looking statement can be guaranteed, and actual results may differ materially from those projected. Merck undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events, or otherwise. Forward-looking statements in this press release should be evaluated together with the many uncertainties that affect Merck's business, particularly those mentioned in the cautionary statements in Item 1 of Merck's Form 10-K for the year ended Dec. 31, 2003, and in its periodic reports on Form 10-Q and Form 8-K, which the company incorporates by reference.
 

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