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TYLENOL MAKER TO SETTLE AD DISPUTE.


Byline: David Gram Associated Press Associated Press: see news agency.
Associated Press (AP)

Cooperative news agency, the oldest and largest in the U.S. and long the largest in the world.
 

The maker of Tylenol agreed to pay nearly $2 million Wednesday to settle allegations the company and the Arthritis Foundation This article or section needs sources or references that appear in reliable, third-party publications. Alone, primary sources and sources affiliated with the subject of this article are not sufficient for an accurate encyclopedia article.  deceptively advertised a simple pain reliever as a ``new'' arthritis fighter.

The now-discontinued medication was an over-the-counter drug over-the-counter drug A therapeutic agent that does not require a prescription, which the FDA feels can be safely self-prescribed by non-physicians. Cf Prescription drug, Under-the-counter.  called Arthritis Foundation Pain Reliever. It contained standard and widely available pain relievers, including acetaminophen acetaminophen (əsēt'əmĭn`əfĭn), an analgesic and fever-reducing medicine similar in effect to aspirin. It is an active ingredient in many over-the-counter medicines, including Tylenol and Midol.  (the main ingredient in Tylenol), ibuprofen ibuprofen (ī`byprō'fən), nonsteroidal anti-inflammatory drug (NSAID) that reduces pain, fever, and inflammation.  (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, including California.

McNeil and the foundation denied any wrongdoing wrong·do·er  
n.
One who does wrong, especially morally or ethically.



wrongdo
, but agreed to stop making the disputed claims. The Fort Washington, Pa., pharmaceutical company 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 pro·tract  
tr.v. pro·tract·ed, pro·tract·ing, pro·tracts
1. To draw out or lengthen in time; prolong: disputants who needlessly protracted the negotiations.

2.
 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.''

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.

The company will also make refunds to anyone who bought the pain reliever. Consumers should mail a sales receipt or a signed statement that they made the purchase, along with the price they paid to: McNeil Consumer Products Co., Camp Hill Road, Fort Washington, Pa. 19034.

McNeil spokesman Ron Schmid said the company will continue to give $1.3 million to the Arthritis Foundation for each of the next three years.
COPYRIGHT 1996 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Title Annotation:BUSINESS
Publication:Daily News (Los Angeles, CA)
Geographic Code:1USA
Date:Oct 17, 1996
Words:371
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