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McNeil, Bayer Aleve Ad Dispute Heats Up With Federal Lawsuit

This article was originally published in The Tan Sheet

Executive Summary

McNeil Consumer & Specialty Pharmaceuticals' has taken its dispute with Bayer Consumer Care over advertising for Aleve to court, after a NAD decision apparently failed to resolve the conflict

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Aleve “Doctor Recommended” Ad Claim Has No “Reasonable Basis” – NAD

Bayer Consumer Care should modify TV ads comparing the company's Aleve analgesic with McNeil Consumer and Specialty Pharmaceuticals' Tylenol "to avoid conveying a 'doctor recommended message,'" the National Advertising Division of the Council of Better Business Bureaus says

Aleve ad dispute

McNeil's motion to preliminarily enjoin Bayer from airing "Love of the Game" TV spot for naproxen sodium denied by Newark, N.J. federal Judge Katharine Hayden. In a transcript of her Sept. 27 oral ruling, judge says she "cannot agree with McNeil that this commercial contains an unambiguous message that Aleve works better at relieving pain than Tylenol," and J&J division "has not supported its claim of literal falsity." McNeil sued Bayer in August, claiming the Aleve commercial falsely suggests naproxen "relieves more severe pain or relieves pain more effectively" than Tylenol (1"The Tan Sheet" Aug. 12, 2002, p. 4). McNeil says it has not decided whether to continue lawsuit or appeal ruling...

Aleve/Tylenol Comparative Dosing Tagline Inapplicable For Headaches – NAD

Bayer should stop using the tagline: "Just two Aleve can stop the pain all day - it would take eight Tylenol to do that" in headache ads, the National Advertising Division recommends in an upcoming Case Reports

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