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Johnson & Johnson sues Glaxo over allergy ads as spring nears

Thu, 12th Mar 2015 22:35

By David Ingram

NEW YORK, March 12 (Reuters) - Johnson & Johnson sued rival drugmaker GlaxoSmithKline PLC on Thursday,alleging that Glaxo is trying to unlawfully grab market sharewith false advertising at the start of spring allergy season inthe United States.

Two Johnson & Johnson units, McNeil-PPC Inc and McNeilConsumer Healthcare, filed the lawsuit in U.S. District Court inManhattan. The lawsuit accuses Glaxo of making unsupportedclaims about its allergy nasal spray Flonase at the expense ofMcNeil's drugs Benadryl and Zyrtec.

A Glaxo spokeswoman said the company was reviewing thelawsuit.

Glaxo received approval from the U.S. Food and DrugAdministration to sell Flonase over the counter in July, settingthe stage for greater competition.

A Glaxo TV spot says Flonase outperforms the No. 1 allergypill, which the ad does not name, and controls six allergysymptoms while the leading pill controls one, according to thelawsuit. Studies do not support the claims, the lawsuit says.

The lawsuit says McNeil stands to be harmed "with the primeallergy sales season quickly approaching," and it asks for aninjunction.

A Johnson & Johnson spokeswoman declined to comment.

The case is McNeil-PPC Inc and McNeil Consumer Healthcare v.GlaxoSmithKline Consumer Healthcare LP, U.S. District Court forthe Southern District of New York, No. 15-1866. (Reporting by David Ingram; Editing by Jonathan Oatis)

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