Tylenol Maker Settles Deceptive Ad Case
The maker of Tylenol agreed to pay nearly $2 million Wednesday to settle allegations the company and the Arthritis Foundation deceptively advertised a simple pain reliever as a “new” arthritis fighter.
The now-discontinued medication was an over-the-counter drug called Arthritis Foundation Pain Reliever. It contained standard and widely available pain relievers, including acetaminophen (the main ingredient in Tylenol), ibuprofen (used in Advil and Motrin) and aspirin.
The settlement with the foundation and the McNeil Consumer Products division of Johnson & Johnson was announced by the attorneys general of 19 states.
McNeil and the foundation denied any wrongdoing but agreed to stop making the disputed claims. The pharmaceutical company, based in Fort Washington, Pa., stopped shipping Arthritis Foundation Pain Reliever on Sept. 1. The company said the product was dropped because it failed to meet sales goals, not because of the advertising dispute.
“The decision to settle was made solely to avoid an expensive and protracted legal battle for a line of products we no longer market,” said Brian Perkins, president of McNeil, a subsidiary of Johnson & Johnson.
The Arthritis Foundation had lent its name to the product in an unusual marketing agreement under which it was guaranteed about $1 million a year from sales.
The advertising campaign for the pain reliever featured a TV commercial with Julie Andrews saying: “The Arthritis Foundation is working, too, to find a cure. But until they do, they’ve helped to create new Arthritis Foundation Pain Reliever, for pain relief we can count on.”
Henry Tymecki of Essex Junction, a retired University of Vermont personnel officer, made the initial complaint about the campaign, saying he felt misled.
Vermont Attorney General Jeffrey Amestoy said the advertisements falsely implied that the “drugs were specially formulated with help from the foundation and were therefore more effective than comparable drugs.”
The promotion also falsely implied that the “new” products were the result of research by both the Foundation and McNeil, court papers said.
Under the settlement, McNeil will pay $250,000 for arthritis research and pay each of the 19 states $90,000 to cover legal costs. It will also make refunds to anyone who bought the pain reliever. Refund requests must be made in writing.
No Northwest states were involved in the agreement.