Merix/Glaxo Cold Sore Cold War Ends With Settlement
This article was originally published in The Tan Sheet
Executive Summary
The cold sore treatment cold war between competing manufacturers Merix Pharmaceutical Corp. and GlaxoSmithKline ended this month when the firms settled their multi-court false advertising dispute after more than four years of litigation
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The cold sore treatment cold war between competing manufacturers Merix Pharmaceutical Corp. and GlaxoSmithKline ended this month when the firms settled their multi-court false advertising dispute after more than four years of litigation. The exact terms of the settlement are confidential, but it allows Merix to continue to sell Releev as a one-day cold sore symptom treatment, said Merix founder and CEO Meryl Squires. GSK dropped all false advertising claims against Releev, including allegations that the treatment was not an approved product. Benzalkonium chloride, the active ingredient in Releev, is an OTC monograph ingredient. Likewise, Squires says, Merix dismissed allegations it filed in 2005 in U.S. district court in Illinois that Glaxo falsely advertised Abreva (docosanol) "as effective as" prescription treatments and falsely advertised its prescription herpes treatment Valtrex (valacyclovir) as a "One-Day-Cold-Sore Treatment" that offers "3-Day outbreak therapy" (1 (Also see "GSK Abreva Ad Claims Lack Supporting Data – Lawsuit" - Pink Sheet, 28 Mar, 2005.), p. 8). GSK did not respond to a request for comment on Merix's announcement. The litigation grew out of a National Advertising Division review of Releev conducted in 2005 at GSK's request. NAD determined Merix's advertising claims were not supported (2 , p. 19). When Merix appealed NAD's decision, GSK abandoned the case in order to sue Merix in federal court in New Jersey, Squires said. A NAD review of GSK's claims about Abreva in 2003 found the company sufficiently substantiated its claims (3 (Also see "GSK Abreva Performance Claims Affirmed By NAD, Leave Novartis Sore" - Pink Sheet, 27 Oct, 2003.), p. 13). Squires says she is "thrilled to be free of the litigation," and is looking forward getting Releev "advertising back in full swing." She is also looking forward to publishing results from a new clinical trial of Releev, which should allow Barrington, Ill.-based Merix to make additional advertising claims, she says. - Elizabeth Crawford ([email protected]) |